The Delhi High Court has directed the Central Government to decide within two months a plea by Indian Professional Nurses Association seeking expeditious constitution of the National Nursing and Midwifery Commission.

The petitioner had sought a direction to the Centre to constitute, execute and implement the provisions of National Nursing and Midwifery Commission (NNMC) in terms of Section 3 of the National Nursing and Midwifery Commission Act, 2023. It had also sought a direction to the Centre to repeal the Respondent no.2 body - Indian Nursing Council in terms of Section 56 of the Act as delay in constitution of NNMC is arbitrary, discriminatory and violates Articles 14 and 21 of the Constitution of India when commissions of other healthcare professionals have been constituted.

Justice Swarana Kanta Sharma in her order said:

"After hearing learned counsels appearing on behalf of the parties and in view of the issue involved in the instant petition, this Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of two months from date, under intimation to the petitioner herein".

The association said that it is a non-governmental organisation working for the welfare, interests and professional advancement of nurses across India. The National Nursing and Midwifery Commission Act, 2023 was enacted with the objective of replacing the erstwhile Indian Nursing Council and establishing a statutory regulatory framework for nursing and midwifery education, training and professional practice in the country.

They said that the 2023 Act along with the rules framed thereunder, came into force in February–March 2024. Pursuant thereto, the Government invited applications vide notice dated 14.03.2024 for appointment to various posts of members and office-bearers of the National Nursing and Midwifery Commission (NNMC). It was argued that despite the statutory framework having come into force and the Government having invited applications for constitution of the NNMC, the Commission has, till date, not been constituted.

In the absence of the NNMC, it was argued, the erstwhile Indian Nursing Council continues to discharge regulatory functions, notwithstanding the legislative framework providing for its replacement.

The continued non-constitution of the NNMC is further borne out from the Government's RTI response dated 07.07.2026, wherein it has categorically confirmed that no appointments to the NNMC have been made till date.

The petitioner thus approached the high court seeking appropriate directions to the respondents to take immediate and effective steps for constitution of the NNMC and appointment of its members and office bearers, in accordance with the mandate of the 2023 Act, without any further delay.

The plea was disposed of with liberty to the petitioner to approach the court in a fresh plea for any further grievance.

Case title: INDIAN PROFESSIONAL NURSES ASSOCIATION v/s UNION OF INDIA & ANR.

W.P.(C) 11858/2026

Appearance: Mr. Robin Raju, Advocate for petitioner

Ms. Manisha Agrawal Narain, CGSC alongwith Mr. Harshit Joshi, G.P., Mr. Nipun Jain and Mr. Deepender Banger, Advocate for R-1 Mr. V.S.R. Krishna, Advocate for R2/NC

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