Delhi High Court
CONT.CAS(C)/1502/2026 of SH PRAFULLA KUMAR Vs COL (DR) SARVJEET KAUR on 18 September 2026
of 8 $~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th September, 2026 CNR No. DLHC010390632026 + CONT.CAS(C) 1502/2026 SH PRAFULLA KUMAR .....Petitioner Through: Mr. Maneesh Kumar, Advocate (through VC) versus COL (DR) SARVJEET KAUR .....Respondent Through: Mr. V. S. R.
$~13
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision: 18th September, 2026
CNR No. DLHC010390632026
+
CONT.CAS(C) 1502/2026
SH PRAFULLA KUMAR
.....Petitioner
Through:
Mr.
Maneesh
Kumar,
Advocate
(through VC)
versus
COL (DR) SARVJEET KAUR
.....Respondent
Through:
Mr. V. S. R. Krishna and Mr. V.
Shashank Kumar, Advocates
Mob: 9910800508
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (ORAL):
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1. The present petition has been filed alleging wilful disobedience of the order dated 27th April, 2026, passed by this Court in W.P.(C) 5629/2026, wherein, the statement made by the counsel for the petitioner was recorded that the petitioner would be satisfied if the respondent herein, i.e., Indian Nursing Council (“INC”) considers the legal notice dated 02nd December, 2025, issued by the petitioner and pass a speaking order in regard thereto.
2. Accordingly, the said writ petition was disposed of in the following manner:
Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified
”
3. During the pendency of the present proceedings, a Compliance Affidavit dated 16th September, 2026, was filed on behalf of the respondent, wherein, it has been stated as follows: “xxx xxx xxx Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified
xxx xxx xxx”
4. Perusal of the aforesaid Compliance Affidavit shows that reply to the petitioner’s legal notice dated 02nd December, 2025, has already been given by the respondent.
5. The said reply dated 16th September, 2026, as issued to the petitioner by the respondent is reproduced as under: “
Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified
”
6. This Court notes the submission made by learned counsel appearing for the petitioner that the said reply of the respondent to his legal notice does not address the issues that have been raised by the petitioner.
7. This Court notes that the petitioner has raised various issues with regard to allegations of financial misappropriation, fraudulent institutional management and non-compliance of various norms in respect of Dumka College of Nursing situated at Mauza Banskuli, Thana No. 25, Circle- Banskuli, District Dumka, Jharkhand, and the Bina Karuna Trust.
8. Learned counsel appearing for the petitioner also submits that the respondent has ample power under the Indian Nursing Council Act, 1947 (“Indian Nursing Council Act”).
9. Per contra, learned counsel appearing for the respondent draws the attention of this Court to Sections 13 and 14 of the Indian Nursing Council Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified
Act, which are reproduced as under: “xxx xxx xxx
Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified
Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified xxx xxx xxx”
10. Perusal of the aforesaid Sections clearly shows that though the respondent has the authority to inspect premises of institutions and pass appropriate orders, the said powers are confined with regard to the statutory functions of the INC.
11. As per Section 13 of the Indian Nursing Council Act, an inspection can be done by the respondent-INC in order to check the suitability of an institution for the purposes of training, on the adequacy of the training provisions and sufficiency of the examinations.
12. Similarly, under Section 14 of the Indian Nursing Council Act, the respondent can withdraw recognition of an institution only on the ground that the courses or the standards of proficiency required from the candidates at examinations are not in conformity with the regulations made under the Indian Nursing Council Act or fall short of the standards required thereby.
13. Further, action can also be taken by the respondent in cases where the training or where the respondent is of the view that an institution recognised for training of nurses, midwives, auxiliary nurse-midwives or health visitors Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified does not satisfy the requirements of the respondent.
14. However, allegations as made by the petitioner herein with regard to financial misappropriation, fraudulent institutional management, etc. do not fall within the statutory authority of the INC.
15. Accordingly, the speaking order passed by the INC, as reproduced hereinabove, cannot be faulted with.
16. In case, the petitioner has any grievance from the aforesaid institutions, i.e., Dumka College of Nursing and Bina Karuna Trust, the petitioner is at liberty to seek remedies in accordance with law.
17. Noting the aforesaid, the present petition is accordingly disposed of.
MINI PUSHKARNA, J SEPTEMBER 18, 2026 ak Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 11:52:07 Signature Not Verified