Nominations under the Karnataka Nurses Act can be revoked at the Government's discretion and do not confer statutory tenure requiring adherence to natural justice for termination.

ORDER :

1. The petitioner filed this writ petition seeking for the following reliefs:

“a. Quash the impugned notification dated 24-5-2023 bearing No. MED 355 MSF 2022 issued by the Respondent NO. 2 produced as Annexure-E by issue of writ of certiorari or any other suitable writ or order or directions.

b. Grant such other reliefs as this Hon'ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity.”

2. Brief facts leading rise to the filing of this writ petition are as follows:

2.1. The petitioners were nominated as Senate Members to the Nursing Council for 3 years, on 28.03.2023. After the assembly elections, the new Government which has come into power, issued a common notification dated 22.05.2023 stating that, the nominations to the post of President/Director/Members made by the previous Government for instrumentalities of the State stands cancelled. The Chief Secretary also issued a directive to that effect on 22.05.2023. A notification was issued on 24.05.2023, cancelling the nomination of the petitioners. Hence, the petitioners filed this writ petition challenging the notification dated 24.05.2023, vide Annexure-E, cancelling the nomination of the petitioners.

3. The State, filed a statement of objections contending that, the power of nomination under Section 3(2)(c) read with Section 5 of the Karnataka Nurses, Midwives and Health Visitors Act, 1961 (‘Act of 1961’ for short) remains subject to the administrative discretion of the State Government. The petitioners' nomination was not pursuant to any selection process, nor did it confer any statutory tenure incapable of withdrawal. It is contended that, the impugned notification dated 24.05.2023 was issued by the Competent Authority pursuant to a valid policy directive. The petitioners were nominated under Government notification dated 28.03.2023. Following a change in the administration, a uniform decision was taken by the Government to withdraw the non-permanent nominations made in various departments. The said notification issued by the Government is in accordance with law and hence, prays to dismiss the writ petition.

4. Respondent No.3 filed a statement of objections contending that, the writ petition filed by the petitioners is not maintainable either in law or on facts and it is contended that, in terms of Section 3(2)(c) of the Act of 1961, the members to be elected under Clause (b) of Section 3(2) of the Act, shall be in respect of the first Council, be nominated by the State Government from persons, who in the opinion of the State Government, are entitled be included in the electorate body concerned and shall hold office for two years. It is contended that, the impugned notification was issued only to comply the statutory provisions prescribed under the Act and those actions were taken in the exigency of the administrative purpose only. Hence, prays to dismiss the writ petition.

5. Heard the arguments of the learned counsel for the petitioners, learned Additional Government Advocate for State and learned counsel for respondent No.3.

6. Learned counsel for the petitioner submits that, the petitioners were nominated as Senate Members to the Nursing Council for three years and the said period has not expired. Meanwhile, the Government had issued a notification, canceling the nomination of the petitioners. The said notification is arbitrary and erroneous. Hence, on this ground, prays to allow the writ petition.

7. Per contra, learned AGA submits that, there is no provision under the Act of 1961 for removal of nominated members. Section 16 of the General Clauses Act, 1897 (‘Act of 1897’ for short) defines the power to appoint,