Anusaya Narayanrao Sawargave vs The State Of Maharashtra And ...
2022 Latest Caselaw 4072 Bom

                                      1          6-WP.4204-22, oral jud.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        WRIT PETITION NO.4204 OF 2022

     Smt. Anusaya Narayanrao Sawargave,
     Age 42 years, Occu. Service,
     R/o Flat No.5, Arav Apartment,
     Plot No.A/54, Survey No.32/2,
     Uttara Nagari, Brijwadi,
     Aurangabad, District Aurangabad.                 ... Petitioner

                      Versus

     1.       The State of Maharashtra,
              Through the Secretary for
              Medical Education and Drugs
              Department, Mantralaya, Mumbai.

     2.       The Director / Administrator (M.N.C.)
              Medical Education and Research,
              Government Dental College and
              Hospital, 4th Floor, Saint Georges Hospital
              Compound Fort, Mumbai-01.

     3.       The Maharashtra Nursing Council,
              5th Floor, Bombay Mutual Annexe,
              Gunbow Street, Opp. Residency Hotel
              Off. D. N. Road, Fort, Mumbai,
              Maharashtra 400 001
              Through its Registrar.             ... Respondents

                                        ...
          Advocate for Petitioner : Mr. A. D. Shinde h/f Mr. A. V. Hon.
                  GP for Respondents-State : Mr. D. R. Kale.
              Advocate for Respondent No.3 : Mr. C. A. Jadhav.
                                        ...

                               CORAM : R. D. DHANUKA, AND
                                       S. G. MEHARE, JJ.

                               DATE    : 18.04.2022





                                   2          6-WP.4204-22, oral jud.odt

     ORAL JUDGMENT (PER R. D. DHANUKA, J.) :-

1. Rule. Mr. Kale, learned Government Pleader waives

service of notice for respondent Nos.1 and 2. Mr. Jadhav,

learned counsel waives service of notice for respondent No.3.

Rule is made returnable forthwith and heard finally by the

consent of the parties.

2. By this petition filed under Article 226 of the

Constitution of India, petitioner seeks a writ of Mandamus to

the respondents to publish the names of the Eelected Managing

Committee Members as per list forwarded to the Government

communication dated 10.12.2021 by the Returning Officer

along with nominated members as per the Maharashtra Nurses

Act, 1966. It is not disputed that pursuant to the notification

issued by the Nursing Council for conducting the elections for

nine (9) members of the Committee of the Council, the

elections were held and the names of the Elected Managing

Committee members were communicated to the State

Government by the Returning Officer vide communication

dated 10.12.2021. The State Government, however, has not

published the result i.e. the names of the Elected Managing

Committee Members of the Council in the Maharashtra

3 6-WP.4204-22, oral jud.odt

Government Gazette under Section 4 of the Maharashtra

Nurses Act, 1966.

3. In our view, once the elections are already held by the

Managing Committee, under Section 4 of the said Act, the

State Government is under an obligation to publish the result

of the names of the Elected Managing Committee Members of

the Council and to publish in the Maharashtra Government

Gazette. We, accordingly, direct respondent No.1 to publish the

names of the Elected Managing Committee Members in the

Maharashtra Government Gazette as per the list forwarded to

the Government vide communication dated 10.12.2021 by the

Returning Officer along with the members as per the provisions

of the Maharashtra Nurses Act, 1966 within a period of two (2)

weeks from today without fail.

4. Writ Petition is allowed in the aforesaid terms. Rule

made absolute accordingly.

5. Parties to act upon the authenticated copy of this order.

      (S. G. MEHARE, J.)                       (R. D. DHANUKA, J.)
                                      ...
     vmk/-