IMPORTANT POINT
Whether any part of the military services should have any uniform, and, if so, what should be the uniform, is an issue entirely within the province of the Chief of Army Staff by reason of Army Act, the Indian Military Nursing Act and the Regulations and notwithstanding that the Indian Military Nursing Service is a part of the Indian Army, it is a distinct but separate class by itself, therefore, there is no scope for application of Article 14 of the Constitution in such matters.

Headnote:Indian Army Act, 1911-Indian Military Nursing Service Ordinance, 1943-Section 10-Uniform to be worn by members of Military Nursing Services-By an Order dated 25-1-2000 Additional Director General of Military Nursing Service issued a Dress Code for members of Military Nurses-A number of problems faced in hospital environment in wake of this dress code brought to notice of Medical Services Advisory Committee-Decision taken to modify dress code by an order issued on 11-9-2001-Writ petitions filed by Military Nurses challenging dress code on grounds of violation of fundamental Rights-Appointment of Review Committee-Dress Review Committee meticulously, considered objections found various options in favour of Safari Suit of soothing colour (Beige colour) in suitable fabric with badges of rank on shoulders to meet reasonable requirements of summer and winter, as the best suitable option-Whether prescribed uniform violates Articles 14 and 21 of the Constitution-(No).
Held : When it was pointed out to the learned counsel that there was no question of Article 21 being considered unless they were able to demonstrate that the prescribed uniform was outrageous of modesty and dignity of womanhood or that it was so inconvenient as not to bear the onslaughts of nature, both learned counsel did not press the contentions based on Article 21. They however, contended that Article 14 was violated as the uniform was intended to discriminate against the members of the IMNS by making them out to be a separate class. In our view, the contention is entirely misconceived and unfounded. That the Indian Military Nursing Service is a separate class, sui generis, even though an auxiliary force of the Indian Military, is an undeniable fact. The historical background in which this force was established and the legal provisions applicable to it leave no manner of doubt that notwithstanding that it is a part of the Indian Army, IMNS is a distinct but separate class by itself. In any event, whether any part of the military services should have any uniform, and, if so, what should be the uniform, is an issue entirely within the province of The Chief of Army Staff by reason of Army Act, the Indian Military Nursing Act and the Regulations made by the Chief of Army Staff by the powers derivable therefrom. We see no scope for application of Article 14 in such matters, nor is any case made out therefor. (Paras 12 and 13)

JUDGMENT

Srikrishna, J.-The only issue thrown up by this group of cases is : What should be the uniform to be worn by members of the Military Nursing Services? Persistence of parties and ingenuity of counsel have succeeded in giving a constitutional moment to an issue which is but an one of administration of an auxiliary branch of the Armed Services.

2. A force called Indian Military Nursing Service was constituted as part of the armed forces of the Union of India by Ordinance No. XXX of 1943 titled The Indian Military Nursing Service Ordinance, 1943, which was brought into force on 15th September, 1943. Section 3 of the said Ordinance declares that there shall be raised and maintained in the manner provided in the Ordinance "as part of the armed forces of the Union and for service with the Indian Military forces" an auxiliary force which shall be designated as Indian Military Nursing Service. The Ordinance prescribes the conditions of eligibility for appointment in section 6. Section 9 of the Ordinance provides that the provisions of the Indian Army Act, 1911 shall, to such extent and subject to such adaptations and modifications as may be prescribed, apply to members of the Indian Military Nursing Service as they apply to Indian commissioned officers, unless they are clearly inapplicable to women.

3. Section 10 of the said Ordinance empowers the Central Government to make Rules to carry out the purposes of the ordinance and section 11 vests in The Chief of the Army Staff the power to make regulations providing for all matters to be laid down and generally for all detail connected with the organisation, pay allowances, duties, discipline, training, clothing, equipment and leave of members of the Indian Military Nursing Service.

4. In exercise of the powers vested in him The Chief of Army Staff prescribed the appropriate uniform to be worn by the members of the Indian Military Nursing Service. The prescribed uniforms were changed from time to time taking into account the advice of special committees appointed by The Chief of the Army Staff to periodically review the issue.

5. Despite the fact that the Indian Military Nursing Service (hereinafter called as IMNS ) has been made an auxiliary force, the members of this service are not subject to all the provisions of the Army Act and have been treated separately while being part of the Indian Army.

6. By an order dated 25.1.2000 the Additional Director General of Military Nursing Service issued a Dress Code for members of IMNS prescribing the Dress Code for different purposes. We are not concerned with the details of the prescribed uniforms for that in no way affects the legal issue sought to be canvassed before the Court. Nor are we really concerned with the reasons which impelled the appropriate authority to prescribe any particular dress as the uniform to be worn by the members of the IMNS. However, it appears that a number of problems were faced in the hospital environment in the wake of the dress code issued by the letter dated 25.1.2000. These problems were brought to the notice of Medical Services Advisory Committee. With an intent to solve these problems, which pertained to patient care related issues, a decision was taken to modify the dress code by an order issued on 11.9.2001. The said order was challenged by members of IMNS by different writ petitions before several High Courts, inter alia, on grounds of violation of the Fundamental Rights under Articles 14 and 21 of the Constitution. The Bombay, Allahabad and Karnataka High Courts dismissed such writ petitions on the ground that no issue pertaining to Fundamental Rights arose and observing that the issue of prescribing uniform for the IMNS was a matter well within the competence of the military authorities. Some other High Courts in the meanwhile admitted similar writ petitions and issued interim orders. Special leave petitions were moved against the decisions of the Allahabad, Bombay and Karnataka High Courts in this Co

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