AVADH BEHARI ROHATGI, J

( 1 ) THE Facts : These two cases are all about the Indian Nursing Council (The Council) constituted by the Central Legislature under the Nursing Council Act, 1947 (the. Act ). The Council was created "to establish a uniform standard of training for nurses, midwives and health visitors. " The purpose of the Council is stated in the following statement of Objects and Reasons :

"provincial Nursing Councils have been established in all Provinces and maintain roasters of qualified nurses, health visitors and midwives. Increasing difficulties have been experienced by the nursing profession and by employing authorities owing to the diversity in the standards of preliminary education of candidates entering training schools of nursing, the varying standards of training and examination for nursing certificates and the lock of inter-provincial reciprocity in the registration of nurses. To remedy these difficulties it is proposed to enact legislation for the purpose of setting up an Indian Nursing Council which will prescribe uniform minimum standards of education and training for nurses, midwives and health visitors, supervise examinations, and maintain a schedule of qualifications recognised for registration throughout India. "

( 2 ) REALISING the importance of the profession of nursing the legislature created this Council. The Act is a piece of legislation for nursing education and administration of nursing force in the country. The Act regulates the practice of nursing by recognising qualifications and prescribing the minimum standards for the professional education. This law is aimed at the protection. of the public. The function of the Council is to formulate educational standards and to promote nursing care of high quality so that the services of professionally prepared personnel can be utilised in health programmes.

( 3 ) THESE are the facts. The petitioner Smt. Pramila Ghai was appointed as an inspector in a temporary capacity in November, 1971 by the secretary of the Council. On the expiry of two years she was appointed as an inspector in a substantive capacity by the President.

( 4 ) EVERYTHING went well till 7-6-1976 when she received a letter from the Vice-President of the Council requiring her to submit documentary proof of her date of birth. The entire dispute centres round petitioner s date of birth. At the time of her appointment in 1971 she gave her date of birth as 1-8-1934. In 1976 it came to the notice of the Council that her actual date of birth is 1-8-1928. So they required her to furnish original documentary proof in support of her date of birth. Repeated reminders were sent to her in. 1976. She failed to submit any proof. At long last on 31-12-1977 the President issued a memo- randum to her proposing to hold an inquiry against her under Standing Order (SO) 55 of the Council. The imputations of misconduct and articles of charge were these:

1. That she had furnished false information in regard to her date of birth at the time of her appointment as an inspector in the Council.

2. That she failed to comply with the instructions issued to her requiring her to produce the original documentary proof of her date of birth and failed to maintain absolute integrity.

( 5 ) IN the memorandum it was disclosed to her that in the High School Examination certificate of the Education Board of Gwalior M. P. her date of birth was entered as 1-8-1928. The same was her date of birth in the Post-Graduate Course which she attended in the R. A. K. Coliege of Nursing, Andrews Ganj, New Delhi. The same was her date of birth at the Sassoon General Hospital, Poona, where she underwent training, In the record of the previous employer, namely, the Irwin Hospital, where she worked from 1960 to 1971 her date of birth, according to the memorandum, was recorded as 1-8-1928.

( 6 ) AN inquiry officer was appointed to conduct the inquiry. She was asked to submit her written statement. She was required to appear before the inquiry

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