Sh Prafulla Kumar vs. Col (Dr) Sarvjeet Kaur
Background
The petitioner had earlier obtained a court order directing the Indian Nursing Council (INC) to consider his legal notice alleging financial misappropriation and fraudulent management at a nursing college and an associated trust, and to pass a speaking order. He then filed a contempt petition claiming the INC's eventual reply did not properly address his concerns.
Decision Breakdown
The Court examined Sections 13 and 14 of the Indian Nursing Council Act, 1947, and found that the INC's statutory powers are limited to inspecting training institutions and withdrawing recognition for failing to meet training/examination standards: they do not extend to investigating allegations of financial fraud or mismanagement of a trust's funds, which fall instead under other authorities such as the State Government. Since the INC's reply correctly explained this jurisdictional limit, the Court held it could not be faulted and closed the contempt proceedings, while leaving the petitioner free to pursue his grievances against the college and trust elsewhere.
Lesson Learnt
A regulatory body cannot be held in contempt for declining to act on complaints that fall outside its statutory powers: it is important to direct a grievance to the authority that actually has jurisdiction over it (here, financial fraud allegations belong before the State Government or courts, not a professional training council).