WP (C) 806of2015

IN THE SUPREME COURT OF INDIA
(EXTRA ORDINARY CIVIL WRIT JURISDICTION)
WP (C) No. 806 of 2015.
In the matter of:
MNS Corps Association, ...Petitioner
VS
Union of India ...Respondent
1. Writ Petition (Civil) Under Article
32 of the Constitutioin of India
alongwith affidavit.
WITH
2. I.A. No._________OF 2015
Application for stay and interim orders

PAPER-BOOK
(FOR INDEX KINDLY SEE INSIDE THE PAPER BOOK)
FILED BY:
WP (C) No.__________ of 2015.
In the matter of:
VS

INDEX
Sr. PARTICULARS Page
No. No.
1. Notice of motion
2. Court Fees page
3. Urgent Application
3. Synopsis & list of dates
5. Memo of parties
6. Main writ petition alongwith affidavit in
support.
7. CMP under Section 151 CPC alongwith
affidavit in support.
8. ANNEXURE P-1
Photocopy of the resolution of the
Executive Committee of the society.

9. ANNEXURE P-2
Photocopy of the Indian Military Nursing
Service Ordinance, 1943.
10. ANNEXURE P-3
Photocopy of the Indian Military Nursing
Service (India) Rules, 1944
11. ANNEXURE P-4
Photocopy of the Army instruction No.
274/50.
12. ANNEXURE P-5
Photocopy of the Army Instruction 4/59.
13. ANNEXURE P-6
Photocopy of the Army Order 353/73.
13. ANNEXURE P-7
Photocopy of the agreement signed by the
officers in the MNS on commissioning as
per AI 61/77.
15. ANNEXURE-P-8
Extract of the relevant portions of the 5th
Central Pay Commission report.
16. ANNEXURE-P-9
Photocopy of the Records of Service on
form IAFZ-2041 of an officer served in the
MNS.
17. ANNEXURE P-10
Photocopy of the orders dated 30/3/2010
passed by the Armed Forces Tribunal in CP
(C ) no. 4485/2005.
18. ANNEXURE P-11
Photocopy of the extracts of the Para
2.3.20 of the recommendations of 6th
central pay commission for MNS officers.
19. ANNEXURE P-12
Photocopy of the extracts of the
recommendations of 6th central pay

commission for MNS officers.
20. ANNEXURE P-13
Photocopy of the gazette notification dated
30th August 2008.
21. ANNEXURE P-14
Photocopy of the Army Instruction 3/98.
22. ANNEXURE P-15
Photocopy of the recommendations of the
report No. 249 of the Law commission of
India.
23 CMP with affidavit for interim orders
24 Power of Attorney
DRAWN & FILED BY
New Delhi Umesh Sharma &Sunita Bhardwaj
D-852/94 D-38/93
Counsel for the petitioner,
112, New Delhi House,
Dated: 27, Bara Khambha Road,
New Delhi-110001
Ph.No.9868235388
SYNOPSIS AND LIST OF DATES
The Indian Military Nursing Service (hereinafter referred
as IMNS) Ordinance 1943, created the cadre of Nursing Services
called IMNS, as an auxiliary force of the British Indian Army.
Suitable provisions were made in the Ordinance for adaptations and
modifications of the then existing Indian Army Act, 1911 for
regulating the affairs of the members of the IMNS. After adoption of
the Indian Constitution in 1950, the Indian Army Act 1911 was
repealed and the new act, Army Act 1950, was enacted. Under the
Army Act, 1950 a regular cadre of nursing services under the name
and style of Military Nursing Services (hereinafter referred to as
MNS) was created forming part of the regular Indian army alongwith
other cores of Armed Forces Medical Services (AFMS) viz Army
Medical Core, Army Dental Core and Military Nursing Services.
Subsequently with the advancement of the democratic thoughts in
the country, the officers in the MNS were granted equal status at
par with the male officers of the regular Army and the officers in the
MNS were granted commissioned rank and status in the Indian Army
wide several instructions, orders, notifications. The erstwhile IMNS
Ordinance,1943 was never repealed and was relied upon by Indian
Army selectively (sic) as per its convenience to define and regulate
the terms and conditions of the officers of MNS although no

notification under Section 4 (1) of the Army Act,1950 was ever
issued to bring the IMNS under the Army Act, 1950.After MNS was
created as part of Army Service and after nurses of equal
status were treated at par with male officers, MNS was
treated always as part and parcel Army Service. From 1950
this was continuing until now. However, since 1943 IMNS
ordinance was not specifically repealed, as aforesaid, this
ordinance was being selective by applied to nursing staff to
treat them as underdogs. But fact remains that an
ordinance can not continuance perennially. Further, once
Army Act, 1950 same, there is an implied repeal of 1943
ordinance when 1911 Act was repealed. To keep MNS and
IMNS side by side is itself discriminatory.
The officers of MNS have rendered great services to the country and
have been promoted to the rank of Major General; however the
women officers serving in the MNS are being discriminated due to
the prejudices and stigma attached to their jobs; regardless of the
fact that the Government of India over the years have made many
positive changes in the conditions of service of women officers
serving in other Arms/ Services of the regular Army. The officers of
MNS have asserted their rights although being discriminated on
several issues as a result of which the top brass of army is marking

time to downgrade the officers of MNS and push them out from the
main cadre of army.
The Law Commission constituted by the Government to look into
obsolete laws has identified the redundant IMNS, Ordinance, 1943
which has often created anomalous situation for the MNScadre . The
law commission in its 249th Interim Report has made
recommendations for repealing the IMNS Ordinance 1943 with
suitable amendments to the Army Act 1950. The Army is out to
misuse these recommendations and down grade the service cadre of
the MNS from regular Army to an auxiliary force. The main
differences between the MNS/Other Services/ Arms of the regular
Army with the IMNS are given in the following table:
Sl MNS/Other Services/ Arms of IMNS
No. the regular Army
1. Officers in the MNS/Other Subject to the IMNS
Services/ Arms are subject to Ordinance, 1943, and The
The Army Act, 1950 and Rules Indian Army Act, 1911 and
made thereunder. the Rules made thereunder.
2. MNS/Other Services/ Arms IMNS was an auxiliary force
forms part of the regular Army. part of the armed forces.
3. Officers in the MNS and other Members of the IMNS were
Services/ Arms are officers of auxiliary forces supporting

the regular Army. the regular Army.
3. Are to be Attested as provided Not applicable
in Section 16 of the Army Act,
1950 on commissioning.
5. Subscribe to the Oath/ Not applicable
Affirmation to serve in the
regular Army as given in Rule 9
of the Army Rules, 1953.
6. Commissioned by the President Appointed by the Central
in accordance with Section 10, Government under Section 5
16 and 17 of The Army Act, of the Indian Military Nursing
1950 read with Rule 8 and 9 of Service Ordinance, 1943.
the Army Rules 1953.
7. Officers in the MNS and other Not applicable
Services/ Arms are combatants
according to the Rule 8 of the
Army Rules, 1953.
8. Terms and conditions of Terms and conditions of
service are set by the relevant service in IMNS were set by
Army Instructions issued after the Ordinance and the Rules
the commencement of The made thereunder issued
Army Act, 1950 (22nd July before 22nd July 1950.

1950).
9. All the Sections of the Army Only clause (d) of section 30
Act, 1950 applies without any and clause (i) of section 39
adaptations and modifications ofThe Indian Army Act, 1911
to officers in the MNS/ Other applied to offences
Services/ Arms. committed by the members
of the IMNS.
10. Any Indian national, subject of According to Section 6(1) of
Nepal or any individual in the Indian Military Nursing
whose favour a declaration of Service Ordinance, 1943 only
eligibility has been issued by Indian Citizens are eligible for
the Govt. of India is eligible for appointment in the IMNS.
commissioning.
11. Liable to serve with Army, Liable to serve only with the
Navy and Air Force in any part forces and persons subject to
of the world. The Indian Army Act, 1911.
12. Officers in the MNS use same Members of the IMNS were
rank designations as in other ranked as Ward Sister, Senior
Services/Arms of the Army. Sister, Matron etc.
13. The minimum age for According to Section 6(1) of
commissioning in the MNS is the IMNS Ordinance, 1943
only 20 years. age shall be above 21 years.

13. According to Para 733 (b) of Not applicable being an
the Regulations for the Army, auxiliary force.
1987 officers in the MNS ranks
equally with male officers.
15. MNS is currently a Corps/ IMNS cease to exist on the
Service of the regular Army. repeal of The Indian Army
Act, 1911 (22nd July 1950).
15.09.1943 The Central Government constituted a force
called the IMNS, as part of the armed forces of the Union, through
the Indian Military Nursing Service Ordinance, 1943 (30 of 1943).
26.01.1950 The Parliament through the Adaptation of Laws
Order (A.L.O.), 1950 amended the Indian Military Nursing Service
Ordinance, 1943 on the Country becoming a Republic.
22.07.1950 The Indian Army Act, 1911 stood repealed; and
the Army Act, 1950came in to force, vide Notification No. S.R.O.
120, dated 22 July 1950, Gazette of India, Part-II, Section-4; and
the IMNS as a force ceased to exist in the Army. 1943 ordinance
stood implied by repealed.

12.08.1950 The Government of India issued the Army
Instruction 274/50, to set the terms and conditions of service for the
grant of regular commissions in the MNS forming part of the regular
Army, subject to the Army Act, 1950, and the members of the
erstwhile IMNS stood absorbed as officers in the MNS. There was
no IMNS after this at all.
24.11.1954 The Central Government made the Army Rules,
1954 and brought the corps/service called MNS under the Army
Rules along with every other Corps/ Service of the regular Army.
07.05.1955 The Commander-in-Chief (Change in Designation)
Act, 1955;substituted the words Commander-in-Chief, Indian Army
with Chief of the Army Staff in the Sections 7 and Section 11 of the
IMNS, 1943; however no specific amendment was made to bring
the members of the IMNS or its successors under the Army Act,
1950. This mere change of designation can not raise 1943
ordinance were stood already repealed impliedly.
03.01.1959 Through the Army Instruction 4/59, the
Government of India re-designated the rank of the officers in the
MNS to conform to the nomenclature used by the other officers of
the regular Army.

1963 After having re-designated the rank in the MNS by the
Government, the Chief of Army Staff through Army Order 501/63
laid down that the MNS Officers are required to salute and are
entitled to salutes in the manner as other Commissioned Officers of
the Army.
1973 The Chief of Army Staff through the Army Order
120/73; laid down the order of precedence of the Arms/ Services
and Units of the Army including the MNS.
24.03.1973 The Chief of Army Staff through Army Order
353/73 cancelled the Army Order 501/63 and laid down that the
MNS Officers are required to salute and are entitled to salutes in the
same manner as other Commissioned Officers.
15.03.1982 The Chief of Army Staff through the Army Order
11/82 laid down the order of precedence of the Arms/ Services and
Units of the Army including the MNS and the cancelled the earlier
Army Order 120/73 on the subject.
1985 The Army proposed to the 4th Central pay Commission
for granting the same rank based pay scales to officers in the MNS
as for other Service officers.

05.12.1986 The Government of India issued the Defence
Service Regulations, Regulations for the Army, 1987 for the
administration of the regular Army. The said regulations address the
MNS as a Corps/Service, and stated that officers in the MNS are
Army Officers and will rank equally with male officers of the same
titular rank.
06.12.1993 The Government of India amended the Army
Rules 1954 and inserted the Rule 16A dealing with the retirement of
officers of the regular Army from all Corps/ Services including the
MNS.
1995 The Army proposed to the 5th Central pay Commission
to introduce rank pay to officers in the MNS as available for other
service officers.
09.02.2004. The Army vide letter no. B/42706/MNS/AG/CW-1
dated 9th February 2004 changed the olive green shirt and pants
(like other officers in the Army) worn by the officers in the MNS to
safari style beige colour uniform. From this date onwards
officers, in MNS and being discriminated against by and by
rendering grave gender injustice. The change of

uniform/rules introduce to tell MNS staff that you are not
our equals.
18.10.2005. The Chief of the Army Staff without stating the reason
disallowed the display of star plates and flying of flags by the
officers in the MNS of the rank of Brigadier and Major general on
their official vehicles. This again is grossly discriminatory.
20.06.2008.The Chief of the Army Staff wrote to the Cabinet
Secretary against granting the same pay band and grade pay to
officers in the MNS as for the other service officers as recommended
by the 6th Central Pay Commission.
30.08.2008 The Government of India through the Gazette of
India, dated 30 August 2008, Part-I, Section 3, Para 1(xi), laid down
that the Grade pay to determine seniority of posts only within a
cadres hierarchy and not between various cadres.
13.10.2014 The Law Commission of India in its Report No.
249 recommended for specific repeal of the Indian Military Nursing
Service Ordinance, Ordinance 30 of 1943 with amendments to the
existing law in the form of suitable amendments to the Army Act,
1950 to incorporate provisions pertaining to members of the IMNS.

2015 The Army authorities set up/refer to various Committee
reports for amendments to Army Rules, 1954; Regulations for the
Army, 1987; Army Orders 353/73 and 11/82 etc. and also re-
designate the ranks in the MNS, disallowing army officer rank
insignias and segregation of family accommodation etc. to mete
out invidious discrimination to the officers in the MNS from
other officers of the regular Army in gross violation of Art.
14 and Art. 15 (1) of the Constitution.
14.7.2015 The petitioners handed over a representation to
the Defence Minister to have the IMNS Ordinance, 1943,
specifically repealed without any amendment to the existing
law as the IMNS and MNS are two different legal entities,
and to issue the necessary clarifications that under the
existing provisions of the law, the officers in the MNS are
officers of the regular Army, under the Army Act, 1950, and
not to go ahead with the proposals of Army authorities,
which mate out invidious discrimination to the officers of
Nursing service and thereby causing gross gender injustice
to them infracting under Art. 14 and 15 (1) of the
Constitution.
Hence this Writ Petition primarily for a Writ of
Prohibition prohibiting any gender injustice and violation of

the nurses fundamental right to equality by depriving them
of their existing rights which enured to their benefit from
1950 to uptodate. When ones Fundamental Right is about
to be infracted, a Citizen has the right to approach this
Honble Court to prevent that infraction which place grossly
prejudicing his or her rights.
Hence this Writ Petition issuance of a Writ for prohibition
and for other reliefs.
August,2015 The serving officers of MNS from the regular
army have represented before the authorities of Army protesting
against the proposed move of the army however the serving officers
due to their limitations of service are unable to take up the matter
due to their service compulsions.
HENCE THIS PETITION

WP (C) No.__________ of 2015.
In the matter of:
VS
MEMO OF PARTIES
MNS Corps Association,
Through Its President,
Major Genera (Retd)
Usha Shikdhar,
106, Rose Apartments,
Sector-18B, Dwarka-II,
New Delhi-110075. ...PETITIONER
VS
The Union Of India,
Through, Its Secretary,
Ministry of Defence,
South Block, New Delhi. ...RESPONDENT.
*************************************
DRAWN & FILED BY
New Delhi Counsel for the Petitioner

WP (C) No.__________ of 2015.
In the matter of:
VS
To,
The Hon'ble Chief Justice and
His Companion Judges of
Honble Supreme Court of India

WRIT PETITION UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA AND THE ARMY ACT, 1950
FOR THE ISSUANCE OF WRIT ORDER OR DIRECTION:
MOST RESPECTFULLY SHEATH AS UNDER:
1. That the present petition is being filed for protecting
the dignity, honour and status of the women officers
serving in the MNS which is forming part of the Regular
Army since the enactment of the Army Act, 1950 as a
Corps of the Army and is separate and distinct from the
erstwhile IMNS. The IMNS Ordinance, 1943 became
inoperative and redundant after the enactment of the
Army Act, 1950 and the auxiliary force called IMNS
ceased to exist in the Army, whereas the MNS as
created by the Army Instruction 274/50 and forms part
of the Regular Army under the Armed Forces Medical
Services alongwith Army Medical Service, Army Dental
Service, MNS.
2. QUESTIONS OF LAW:
A. Whether the respondents can take away the existing rights
and status of the serving officers in the MNS under the garb of
repealing the redundant IMNS Ordinance illegally when the officers
of MNS are part of regular army and governed by the provisions of
The Army Act, 1950?
B. Whether, the proposed act of changing the status of the
officers in the MNS in Indian Army is not illegal, discriminatory,
arbitrary and a colourable exercise of the powers by the
respondents?
C. Whether the officers in the MNS who are commissioned by the
President of India and taken oath to serve in the regular Army can
be treated as members of an auxiliary force when under the Army
Act, 1950 they are officers of the regular Army as defined under The
Army Act, 1950?
D. Whether, the officers in the MNS are not entitled to be treated
at par with other officers of the regular Army when they are
commissioned in to the regular army under the Army Act, 1950 and
Rules made thereunder like other regularly commissioned officers of
the army for their services to the nation?

E. Whether, the proposed move on behalf of the respondents is
not illegal, arbitrary wherein the respondents are now trying to
create an auxiliary force out of the MNS by misusing their autonomy
granted under the Army Act, 1950?
F. Whether, the provisions of IMNS Ordinance, 1943 can be
made applicable on the officers in the MNS who are officers of the
regular Army subject the Army Act, 1950 and the Rules made
thereunder; when the said Ordinance applied only to the members
of the IMNS and cannot be foisted upon the members of MNS after
operation of the Army Act, 1950?
G. Whether, in the absence of any Special Gazette of India
notification under Section 4(1) of the Army Act, 1950 how the
respondents can violate the law made by the Parliament in so far as
to change the name of the IMNS to MNS; set the terms and
conditions of service in the MNS through Army Instruction 274/50,
re-designated the rank structure in the MNS through Army
Instruction 4/59 to grant the same rank designations applicable to
the officers of the regular Army, and treated the officers in the MNS
as officers of the regular Army?

H. Whether, the IMNS Ordinance can be made applicable on the
officers in the MNS when the said Ordinance applies only the
provisions of the Indian Army Act, 1911 (which now stands
repealed) to members of the IMNS, and no notification under
Section 4(1) of the Army Act, 1950 was ever issued for the
application of the Act to the members of the IMNS?
I. Whether, the Chief of the Army Staff (hereinafter referred as
COAS) under the Army Act, 1950 has any powers to adapt and
modify the provisions of the Army Act, 1950 to apply to the
members of the IMNS who were subject to the provisions of the
IMNS Ordinance, 1943 and the Indian Army Act, 1911?
J. Whether, the proposed move on behalf of the respondents is
not illegal, hostile discrimination towards the officers in the MNS
who are officers of the regular army by virtue of the provisions of
the Army Act, 1950 and Rules made thereunder; could their status
be changed under the garb of repealing the redundant IMNS
Ordinance, 1943?
K. Whether, the proposed move on behalf of the respondents for
Amendment of Rule 16A of the Army Rules, 1954, modify the
provisions as contained under Regulations for the Army, 1987 (Para

32, 58, 65, 66, 67, 75, 76, 77, 81, 105, 109, 255, 341, 618, 619,
621, 733 and 1394), amendments/ withdrawal of Army Orders
353/73, 11/82 is not illegal, unconstitutional, arbitrary as no such
modification was ever made to bring the IMNS Ordinance under the
Army Act, 1950 at any stage hence the recommendations of the Law
Commission of India only require the repeal of the IMNS Ordinance,
1943 and no corresponding change in any other law, statute which
can affect the service conditions of the officers in the MNS?
L. Whether the women officers serving in the MNS are being
discriminated due to the prejudices or stigma attached to their jobs;
regardless of the fact that the Government of India over the years
has made many positive changes in the conditions of service of
women officers serving in other Corps/Service/Branches of the
regular Army?
3. AVERMENTS:
3.1. That the petitioner is a representative body of the veterans of
Military Nursing Service (MNS) and is a registered society under the
Indian Society Registration Act, 1860.

3.2. That the present petition is being filed to protect the status
and rank of the serving officers of the MNS numbering around 4600
who are unable to approach the court due to their service conditions
and are being treated unfairly by the Army and are being
discriminated due to the prejudices and stigma attached to their job
and now the Army is bent upon changing their status from that of
officers of the Regular Army to auxiliary forces under the garb of
repealing the obsolete IMNS Ordinance, 1943.
3.3. That the petitioner is a society formed by the veterans of MNS
who all have dedicated their lives in the service of the Army and
now retired but concerned about the rank and status of the officers
in the MNS, which has given their identity in the society. Any change
in the status of the officers in the MNS will adversely affect the
lifelong achievements of the veterans who are members of this
society; who have dedicated their long years of services to the
nation through MNS.
3.3. That the present Petition is being filed through the President
of the Petitioner society who has been specifically authorized to file
the present petition on behalf of the society, the copy of the
resolution of the Executive Committee of the society is being filed
herewith as ANNEXURE-P-1.
3.5. That on 15th September 1943: The British Government
constituted a force called the Indian Military Nursing Service (IMNS),
as an auxiliary force part of the armed forces of the Union, through
the Indian Military Nursing Service Ordinance, 1943 (30 of 1943)
which was during the British era of rule on India to handle the
situation arising out of the Second World War. The Military Nursing
Services (India) Rules were also framed in 1944 thereafter. The
copy of the said Indian Military Nursing Ordinance, 1943 and the
Military Nursing Services (India) Rules is being filed herewith as
ANNEXURE-P-2 & ANNEXURE-P-3 respectively.
3.6. That on 22nd July 1950, The Indian Army Act, 1911 stood
repealed; and the Army Act, 1950 came in to force, vide Notification
No. S.R.O. 120, dated 22 July 1950, Gazette of India, Part-II,
Section-4; and the IMNS as a force cease to exist in the Indian
Army. With the enactment of the Indian Army Act, 1950, Military
Nursing Services was created as a part of Armed Forces Medical
Services (AFMS)alongwith Army Medical Services, Army Dental
Services and a regular cadre of Nursing Services was created which
replaced the erstwhile IMNS. It is important to submit that all these
services were created primarily as Non Combatant Services. The
serving officers of IMNS became the cadre of the Nursing Services

named as MNSforming part of the regular army. The respondent on
12th August 1950, issued the Army Instruction 274/50, to set the
terms and conditions of service for the grant of regular commissions
in the MNS. Subsequently, on 24th Nov 1954, the Central
Government framed the Army Rules, 1954 accordingly all other
wings of Army including the MNS came under the purview of the
Army Act and the Rules framed therein. It is important to mention
here that the Army Act or the Rules framed thereunder did not
mention the name of IMNS anywhere as it became redundant after
the creation of the MNS; whereas the MNS is mentioned in the Army
Rules. The Army instruction No. 274/50 is being filed herewith as
ANNEXURE-P-3.
3.7. That on 3rd January 1959, the Government of India issued
Army Instruction 4/59, and re-designated the rank of the serving
officers in the MNS to conform to the nomenclature used by the
other officers of the regular Army, the copy of the Army Instruction
No. 4/59 is being filed herewith as ANNEXURE-P-5.
3.8. That in the year 1963, after having re-designated the rank in
the MNS by the Government, the Chief of Army Staff through Army
Order 501/63 laid down that the MNS Officers are required to salute
and are entitled to salutes in the manner as other Commissioned

Officers of the Army. Subsequently the same was cancelled through
Army Order 353/73 and further laid down that the MNS Officers are
required to salute and are entitled to salutes in the same manner as
other Commissioned Officers. It also mentioned certain conditions in
which they are not required to return the salutes. Photocopy of the
Army Order 353/73 is being filed herewith as ANNEXURE-P-6.
3.9. That subsequently with the creation of the MNS forming part
of the Regular Army; several instructions, notifications were issued
to define the status, rank, duties etc for officers in the MNS in
exercise of the powers under The Army Act, 1950. On 15th March
1982, The Chief of Army Staff through the Army Order 11/82; laid
down the order of precedence of Arms/ Services and Units of the
Army and the earlier Army Order 120/73 on the subject was
cancelled. In which as per the then long established traditions of the
Army in honouring the women, the only all women Corps of the
Army that is the MNS was placed first among the Medical Services at
Para 7 (a) of the Order of Precedence. The Para 7 of the aforesaid
Order of Precedence reads as:
7. Medical Services
(a) MNS
(b) AMC
(c) ADC
3.10 That like the other officers of regular army, the officers
in the MNS is also required to take the attestation under Section 16
of the Army Act, 1950; which reads as,
Persons to be attested. -The following persons shall be
attested, namely:
(a) All persons enrolled as combatants;
(b) All persons selected to hold a non-commissioned or
acting non-commissioned rank, and
(c) All other persons subject to this Act as may be
prescribed by the Central Government.
All the officers in MNS are administered the oath or
affirmation before commissioning in accordance with the Section 17
(1) of the Act, which reads as,
When a person who is to be attested is reported fit for duty, or has
completed the prescribed period of probation, an oath or affirmation
shall be administered to him in the prescribed form by his

commanding officer in front of this corps or such portion thereof or
such members of his department as may be present, or by any other
prescribed person
According to Rule 8 of the Army Rules, 1954,
all combatants, and other enrolled persons who may
be selected to hold non-commissioned or acting non-
commissioned rank shall when reported fit for duty, be
attested in the manner provided in section 17.
3.11. That like officers from every other Corps/ Service of the
Regular Army, the officers in the MNS also make and subscribe an
oath or affirmation as mandated by the Section 16 of the Army Act,
1950 in the manner provided in Section 17 of the Act, which is as
given in Rule 9 of the Army Rules, 1954 and reproduced in Army
Order 127/50, reads as under:
I,.........................., do swear in name of God that I
will bear true faith and allegiance to the Constitution of India
as by the law established and that I will, as in duty bound,

honestly and faithfully serve in the regular Army of the Union
of India and go wherever ordered by land, sea or air, and that
I will observe and obey all commands of the President of the
Union of India and the commands of any officer set over me
even to the peril of my life.
3.12. The same oath has been reproduced in the Army Order
127/50, and every officer of the regular Army is required to take this
oath at the time of commissioning in the regular Army. As the
officers in the MNS are officers of the regular Army they are being
made to make and subscribe the same oath from the
commencement of the Army Act, 1950.
3.13. That the officers of MNS are commissioned by the President
and not by the Order of the Central Government hence they are
officers of the regular army, besides this the service conditions,
methods of dealing with delinquency etc are required to be carried
under the Army Act, 1950 in the similar manner as other officers of
the regular Army.
3.13. That under the Army Act, at the time of commissioning the
like all other officers of army, the officers in the MNS are required to
sign a form of agreement as given in annexure D to Army

Instruction 61/77. According to Para 2 (d) of the said agreement if
they are found guilty of insubordination the Govt. shall have the
right to terminate their service at any time without prior notice. The
insubordination is an offence defined Section 42 of the Army Act,
1950.The copies of the said agreement signed by the officers in the
MNS on commissioning are being filed herewith as ANNEXURE-P-
7.
3.15. That , all the officers of regular Army are required to sign a
certificate under the Indian Official Secrets Act, 1923 on being
granted commission in the Army. As the officers in the MNS are
officers of the regular Army they also required to sign the same
certificate as other officers of the regular Army at the time of
commissioning.
3.16. All officers of the regular Army including those in the MNS
were issued with a certificate signed by the President of India as per
the format given in Appendix D to Para 151 of the Regulations for
the Army, revised edition 1987; and previously under the
corresponding Para of the Regulations, 1962 edition. The said
certificate from the President, which reads as,

I, reposing special trust and confidence in your fidelity,
courage and good conduct do by these presents constitute
and appoint you to be Lieutenant in the regular Army
I therefore charge and command you carefully and
diligently to discharge your duty in the rank or in the higher
rank to which you may from time to time hereafter promoted
or appointed of which a notification will be made in the
gazette of India and to obey such directions as from time to
time you shall receive from me or any of your superior officers
and to observe and execute the rules regulations and orders
for the governance of the regular Army.
3.17. That all the officers of Indian Army are appointed and
promoted by the President of India including those serving in the
MNS. The relevant Army Instructions which were issued from time
to time for establishing the various services/ branches of the Army
contains such provisions. In the case of MNS, such provisions are
contained in Para 8 of the Army Instruction 274/50, which rereads
as,
Appointments, confirmation, substantive promotion
and relinquishment of commission will be notified in the
Gazette of India.
Accordingly such notifications regarding appointments,
confirmation, substantive promotion and relinquishment of
commissionof officers in the MNS were also done through Gazette of
India notification issued by the Ministry of Defence under Army
Branch as Regular Army in the name of Military Nursing Service.
3.18. That to create parity with the officers from other cadres of
regular army with those in the MNS, in the year 1985, the Army
through the armed forces pay commission cell proposed to the 4th
Central pay Commission for granting the same rank based pay
scales to officers in the MNS as for other Service officers. The copy
of the relevant part of the 5th pay commission report mentioning the
4th Pay Commissions recommendations is being filed with
ANNEXURE-P-8.
3.19. That on 5th December 1986, the Government of India issued
the Regulations for the Army, revised edition 1987 for the
administration of the regular Army in supersession of the
Regulations for the Army, 1962 edition. The said revised Regulations
also deal with the matters concerning the administration of every
Corps of the regular Army including the MNS. The MNS finds
mention alongside the Corps/Services of the Army in every relevant
portion. The duties and responsibilities of Director of Nursing
Services (ADGMNS) are given in Para 32 alongside the similarly
placed heads of the Services like Director of Medical Services,
Director of Dental Services, Judge Advocate General and Provost
Marshal (Para 30 to 34 of regulations of the Army, 1987). The
ADGMNS has similar duties and responsibilities like head of any
other Corps of the Army.
3.20. That Para 57 of the Regulations for the Army mentions the
appointments to the Regular Army, whereas the Para 58, 59 and 60
laid down the criteria for appointment in the MNS, Army Medical
Corps (Non-Technical) and the Special List of Officers respectively.
The promotion of the officers belonging to every Corps/ Service of
the regular Army including the MNS is given in Para 65, 66 and 67.
The tenure admissible in the substantive rank of Brigadier and above
and the rules governing them concerning all officers of the regular
Army including the MNS is given in Para 75. The age limits for
compulsory retirement of all officers of the regular Army is given in
Para 76 of the Regulations.

3.21. The Para 77 laid down that Special List, JAG branch, MNS and
Regimental Commissioned Officers are exempted from attending
basic young officers course. The Para 81 exempted all Engineers
(seconded to survey of India), AMC, ADC, MNS, RVC, MF, AEC, JAG,
Regimental Commission, Special List, EMAE (SA) officers from
certain promotion examinations.
3.22. The constitution and duties of selection boards for
commissioning in the AMC, ADC and MNS is given in Para 109.
There is no services selection board (SSB) interview for the doctors,
dentists and nurses for appointment in the regular Army; whereas
rest of the officers in the Army under goes a selection system
involving SSB interview. The other types of promotion boards
dealing with their subsequent promotions are also given in Para 109
of the regulations.
3.23. The Para 255 of the Regulations made the Director General
Armed Forces Medical Services responsible for the professional
training of the officers in AMC, ADC and MNS. The same Para
address the MNS as a Corps/Service (of the regular Army). The
Para 341 addresses the Officers in the MNS as Army Officers and
made it mandatory for them to seek permission of the President for

accepting certain employments post retirement/ release from the
Army just like any other officer of the regular Army.
3.23. The Personal Numbers of all officers of the Army including
that of the MNS are issued as laid down in Para 608. The Records of
Service of all Commissioned Officers in the Army including those in
the MNS is maintained on form IAFZ-2041. The Annexure-II to IAFZ-
2041, Part-I Personal Particulars has been reproduced with
additions in Appendix C to Special Army Order (SAO) 4/S/88. The
Para 619 laid down the procedure for maintaining the same in
respect of all other officers of the regular Army other than officers of
the Medical, Dental and Nursing Services. The procedure for
maintaining the records of service of the Medical, Dental and
Nursing Officers on form IAFZ-2041 is laid won in Para 621 of the
regulations. Photocopy of the relevant pages of Records of Service
on form IAFZ-2041of an officer in the MNS is being filed herewith as
ANNEXURE-P-9.
3.25. The Para 733 of the regulations laid down the order of
precedence and the corresponding ranks of commissioned officers of
the Army, Indian Navy and Indian Air Force. The Para 733 (b)
further laid down that, Women officers serving in the Army Medical
Corps and officers in the Military Nursing Service will rank equally
with male officers of the same titular rank, e.g., a captain (woman
officer) in the Army Medical Corps, will rank equally with a captain in
the Artillery or Engineers.
3.26. The admissibility of the free rations is laid down in Para 885
(a) of the regulations. The officers in the MNS are entitled and are
provided with free rations in the similar manner as applicable to the
other officers of the regular Army. The change of names procedure
for officers of the Army including those in the MNS is given in Para
1394 of the regulations.
3.27. The Para 32, 58, 65, 66, 67, 75, 76, 77, 81, 105, 109, 255,
341, 618, 619, 621, 733 and 1394 of the Regulations for the Army
irrefutably established the status of the women officers serving in
the MNS as officers of the regular Army.
3.28. That on 6th December 1993 through SRO 17E, The
Government of India amended the Army Rules 1954 and inserted
the Rule 16A, that is provisions for the retirement of officers
belonging to every Corps/ Service of the Regular Army including that
of the MNS. Whereas, there is no specific mention made to the MNS
under the definition of officer as given in Section 3 (xviii) of the
Army Act, 1950. The very fact that there is no specific mention
made to any Corps/ Service forming part of the regular Army
including the MNS, under Section 3 (xviii) of the Army Act,
irrefutably means that officers in the MNS are officers of the Army.
Further, the officers in the MNS are addressed as officers, in the
same manner as the officers from the other Corps/ Services of the
regular Army.
3.29. That the President of India offers Commission in the Regular
Army to the candidates selected for the pre-commissioning B.Sc
Nursing course and other training. The father/ guardian of the
candidates selected as Nursing Cadets in the Colleges of Nursing
under the AFMS for undergoing B.Sc Nursing Course has to execute
a Surety Bond which is titled as,
Bond to be Signed by the Father or Guardian of a
Minor Girl Admitted for the B.Sc (Nursing) Course at the
Colleges of Nursing Armed Forces Medical Services and the
Surety
Reads as,
1. This agreement made on ..................day of ............
between.............................son of ........................... R/o (full
address).................... and father of the minor Stipendiary BSc
(Nursing ) student ...........................(here in after called the
Guardian which expression shall include his heirs, executors

and administrators) of the First Part and
Shri.................................. Son of ....................R/o (Full
address)................................ (here in after called the surety
which expression shall include his heirs, executors and
administrators) of the second Part and the President of India
(here in after called the Government) of the Third Part.
2. Whereas .................................. the stipendiary B.Sc
(Nursing) student has been selected by the Government for
admission to the B Sc. (Nursing) course, at the Colleges of
Nursing, Armed Forces and exempted from payment of tuition
fees, boarding and lodging charges and would be awarded
stipend every month an amount as would be decided by
Government from time to time with a view to her being
granted Permanent Commission /Short Service Commission as
a Nursing Officer in the Regular Army provided she is
considered suitable by the Government in all respects for
being commissioned as aforesaid and on the number of
vacancies available and existing at that time.
3. Now this deed witnessed and the parties hereto hereby
agree as follows:-
(a) That in consideration of the Stipendiary B.Sc
(Nursing) student being admitted as Stipendiary by the
Government to the Colleges of Nursing, Armed Forces

for the purpose of obtaining the B.Sc (Nursing) Degree,
the Guardian and the Surety covenant with the
Government that the Stipendiary B.Sc (Nursing) student
will attend the Colleges of Nursing, Armed Forces and
Such other training as the Government may determine
from time to time for prescribed periods until she
successfully completes her B.Sc (Nursing) course and is
declared fit (as to which the decision of Director General
Armed Forces Medical Services shall be final) to be
granted Permanent Commission/Short Service
Commission and that the Stipendiary B.Sc (Nursing)
student with, if offered a Permanent Commission/Short
Service Commission as Nursing Officer in the Regular
Army, accept such Commission unless she the
Stipendiary B.Sc (Nursing) student is prevented from
doing so on account of ill health or some other reasons
over which she, the Stipendiary B.Sc (Nursing) student
has no control (as to which the Government shall be the
sole judge) or by being removed on the ground that the
Stipendiary B.Sc (Nursing) student is considered by the
said appropriate authority to be unfit to continue as a
Stipendiary B.Sc (Nursing) student or on any other

ground to be granted a Permanent Commission/Short
Service Commission.
3.30. That the Army is presently trying to change the status of the
future generations of the officers in the MNS as officers of the
regular Army by amending Para 2 and 3 of the aforesaid pre-
commissioning training Bond. The amendments which are proposed
by the Army are currently pending with the Ministry of Defence.
The proposed amendment to Part of Sentence No. 1 at Para 2 is by
substituting,
with a view to her being granted Permanent
Commission /Short Service Commission as a Nursing Officer in
the Regular Army
With,
with a view to her being granted Permanent
Commission /Short Service Commission as a Nursing Officer in
Military Nursing Service of Regular Army
The Part of Sentence No. 1 at Para 3(a) of the said Bond by
substituting,
if offered a Permanent Commission/Short Service
Commission as Nursing Officer in the Regular Army
With,
if offered a Permanent Commission/Short Service
Commission as Nursing Officer in Military Nursing Service of
Regular Army
3.31. That in the year 2004 vide letter no. B/42706/MNS/AG/CW-1
dated 9th February 2004 the uniform worn by the officers in the
MNSwas changed to safari style beige colour uniform. Previously the
officers in the MNS were entitled and were wearing the same
uniform as applicable to the other officers of the regular Army. It is
important to state that issuance of such letters is a practice under
the Indian Army Act, 1950.The said was challenged by one of the
officers of MNS and the matter went upto Supreme Court, however
the respondents dishonestly mixed up the facts and cited the
provisions of IMNS Ordinance falsely before the Supreme Court as a
result of the same, the court held the said notification as valid. The
comparative table showing the difference between the IMNS and
MNS officers is being given hereunder which is self explanatory and
explicit in all terms and removes the cloud created around the same:
Sl MNS/Other Services/ Arms of IMNS
No. the regular Army
1. Officers in the MNS/Other Subject to the IMNS
Services/ Arms are subject to Ordinance, 1943, and The

The Army Act, 1950 and Rules Indian Army Act, 1911 and
made thereunder. the Rules made thereunder.
2. MNS/Other Services/ Arms IMNS was an auxiliary force
forms part of the regular Army. part of the armed forces.
3. Officers in the MNS and other Members of the IMNS were
Services/ Arms are officers of auxiliary forces supporting
the regular Army. the regular Army.
3. The officers of MNS like all Not applicable
other officers of regular army
are to be Attested as provided
in Section 16 of the Army Act,
1950 on commissioning.
5. The officers of MNS like all Not applicable
other officers of regular army
subscribe to the Oath/
Affirmation to serve in the
regular Army as given in Rule 9
of the Army Rules, 1953.
6. The officers of MNS like all Appointed by the Central
other officers of regular army Government under Section 5
commissioned by the President of the Indian Military Nursing
of India in accordance with Service Ordinance, 1943.

Section 10, 16 and 17 of The
Army Act, 1950 read with Rule
8 and 9 of the Army Rules
1953.
7. Officers in the MNS and other Not applicable
Services/ Arms are combatants
according to the Rule 8 of the
Army Rules, 1953.
8. Terms and conditions of Terms and conditions of
service of the officers of MNS service in IMNS were set by
like all other officers of regular the Ordinance and the Rules
army are set by the relevant made thereunder issued
Army Instructions issued after before 22nd July 1950.
the commencement of The
Army Act, 1950 (22nd July
1950).
9. All the Sections of the Army Only clause (d) of section 30
Act, 1950 applies without any and clause (i) of section 39
adaptations and modifications ofThe Indian Army Act, 1911
to officers in the MNS/ Other applied to offences
Services/ Arms. committed by the members
of the IMNS.
10. Any Indian national, subject of According to Section 6(1) of
Nepal or any individual in the Indian Military Nursing
whose favour a declaration of Service Ordinance, 1943 only
eligibility has been issued by Indian Citizens are eligible for
the Govt. of India is eligible for appointment in the IMNS.
commissioning in MNS like all
other branch of regular army.
11. The officers of MNS like all Liable to serve only with the
other officers of regular army forces and persons subject to
liable to serve with Army, Navy The Indian Army Act, 1911.
and Air Force in any part of the
world.
12. Officers in the MNS use same Members of the IMNS were
rank designations as in other ranked as Ward Sister, Senior
Services/Arms of the Army. Sister, Matron etc.
13. The minimum age for According to Section 6(1) of
commissioning in the MNS is the IMNS Ordinance, 1943
only 20 years. age shall be above 21 years.
13. According to Para 733 (b) of Not applicable being an
the Regulations for the Army, auxiliary force.
1987 officers in the MNS ranks
equally with male officers.

15. MNS is currently a Corps/ IMNS cease to exist on the
Service of the regular Army. repeal of The Indian Army
Act, 1911 (22nd July 1950).
3.32. That in the year 2005 vide letter No. 42127/AG/CW-1 dated
18th October 2005 the Chief of the Army Staff without stating the
reason directed that the display of star plates and flying of flags by
the officers in the MNS of the rank of Brigadier and Major general on
their official vehicles are not approved. The said letter was again
challenged by one of the officer in the MNS, Major General
UshaSikdar then ADGMNS by way of W.P. (C) No.4485 of 2005
which was finally decided by the Armed Forces Tribunal vide orders
dated 30.3.2010 holding the action of the respondents as illegal.
The respondents have in the meanwhile preferred an appeal against
the said order of the AFT before the Supreme Court of India; the
same is now pending as C.A. No.24485/2010, the copy of the orders
dated30/3/2010 in the WP NO. WP(C) No. 4485 is filed herewith as
ANNEXURE-P-10.
3.33. According to Article 22, Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field. Geneva, 12 August 1949, to which India is a
signatory; which reads as,

ARTICLE 22
The following conditions shall not be considered as depriving a
medical unit or establishment of the protection guaranteed by
Article 19:
(1) That the personnel of the unit or establishment are armed,
and that they use the arms in their own defence, or in that of
the wounded and sick in their charge.
3.33. That the Medical personnel have the right to bear arms and
may in case of need, use them in their own defence or in that of the
wounded and sick in their charge. The purpose of the provision is
undoubtedly to make it possible for the medical personnel to ensure
the maintenance of order and discipline in a hospital or sick-bay on
land, in a hospital ship and protect it against individual hostile acts.
A medical establishment is under military discipline, and its
personnel must be provided with small arms, to prevent patients
from leaving the premises without permission or from committing
hostile acts, and to ensure that the Nurses enjoy the respect to
which they are entitled.

3.35. The Army in order to discriminate the officers in the MNS from
other officers of the regular Army has stopped giving them the arms
training, and thereby deprived them of the right to bear arms and
use them in their own defence as provided under the Article 22 of
the afore said Geneva Convention. This most important provision for
the medical personnel is being conveniently ignored by the Indian
Army regardless of the fact that India is a signatory to the said
Convention. However still there are international shooters who are
serving officers in the MNS. Indias first gold medal in a womens
event at the Common Wealth Games 2006 was won by Major
SarojaKumari an officer in the MNS. Her illustrious career started
with her being adjudged the Best Shot during the Initial Nursing
Officers Course in 1991 after her commissioning in the MNS.
3.36. That the Army has earlier been writing to the Chairman of the
Pay Commission, Cabinet Secretary for reduction of the pay scales of
the officers of MNS accordingly, the V pay commissions had
recommended lower pay scales to the officers in the MNS.
3.37. That the VI Central Pay Commission however provided an
equitable and equal pay scales to the officers in the MNS thereby
specifically granting equal status to the officers in the MNS which
was specifically mentioned in Para 2.3.20 of the report, the copy of

the Para 2.3.20 of the VI Central Pay Commission is annexed
herewith as ANNEXURE-P-11.
3.38. That in the year 2008, the 6th Central Pay Commission
recommended that no differential in the salary belonging to the
officers in the MNS and other Services is justified and the pay band
and grade pay of similarly designated posts in the MNS and other
Service cadre should be the same. The Commission further
recommended that as the officers in the MNS are not primarily
meant for combat duties the rates of Military Service Pay for them
should be kept suitably lower. The commission also extended the
scheme of time bound promotions upto the level of Lieutenant
Colonel, already available to the Service Officers to the officers in
the MNS. The copy of the relevant portions of the 6th Central Pay
Commission report is being filed herewith as ANNEXURE-P-12.
3.39. That on 30th August 2008, The Government of India through
the Gazette of India, dated 30 August 2008, Part-I, Section 3, Para
1(xi), laid down that the Grade pay to determine seniority of posts
only within a cadres hierarchy and not between various cadres;
hence the officers in the MNS to rank equally with male or women
officers of the same titular rank regardless of their slightly lower

grade pay. The copy of the relevant portion of the gazette
notification is being filed herewith as ANNEXURE-P-13.
3.40. That since the officers in the MNS are granted commissioned
rank they fall under the term combatants under this Rule (Rule 8
of Army Rules 1954). Hence the officers in the MNS are combatants
just like all other officers of the regular Army; though like other
women officers in the Army they are also employed in jobs which
are primarily non-combatant in nature.
3.41. That according to Section 9(1) of the IMNS Ordinance 1943;
which reads as:
Application of Army Act and Indian Army Act 1911, to
members of Indian Military Nursing Service.(1) The
provisions of the Indian Army Act, 1911, shall, to such extent
and subject to such adaptations and modifications as may be
prescribed, apply to members of the Indian Military Nursing
Service as they apply to Indian commissioned officers, unless
they are clearly inapplicable to women.
3.42. That the Section 9(1) of the IMNS Ordinance modified the
provisions of the Indian Army Act, 1911. According to Military
Nursing Service (India) Rules, 1944, Rule 4, which reads as:-

Modification of Indian Army Act, 1911.Of the provisions of
sections 25 to 41 of the Indian Army Act, 1911, only clause
(d) of section 30 and clause (i) of section 39 shall apply to
offences committed by officers of the Nursing Services
referred to in sub-section (1) of section 9 of the Ordinance,
and those provisions shall have effect in relation to such
offences as if they were modified as follows:- Clause (d) of
section 30- 'An officer who absents herself without leave
commits an offence against this Act". Clause (i) Of section 39
"An officer who is guilty of any act or omission prejudicial to
good order and discipline commits an offence against this
Act.
3.43. That the corresponding provisions of the Indian Army Act,
1911 as modified by the Military Nursing Service (India) Rules, 1944
for application to the members of the IMNS, with respect to the
Army Act, 1950 are given in Section 39, absence without leave and
Section 63, Violation of good order and discipline of the Army Act
1950. Hence the members of the IMNS could have been subjected
to only under Section 39 and 63 of the Army Act, 1950, had the Act
been made applicable to them. However officers in the MNS are
subject only to the Army Act, 1950 and Rules made thereunder they
can be tried for any offence under the Army Act, 1950 including
insubordinationunder Section 42 of the Army Act, 1950 like other
officers of the regular Army.
3.43. That the force called IMNS under the Indian Military Nursing
Service Ordinance, 1943, is not in existence as on date; and the
Ordinance is not applicable to the separate legal entity forming part
of the regular Army known as the MNS. According to Section 4(1) of
the Ordinance which reads as,
Liability of service of members of (Indian Military Nursing
Service).-- (1) The members of the Indian Military Nursing
Service shall be liable for service only with forces and persons
subject to the Indian Army Act, 1911.
3.45. The Section 4(1) of the Ordinance limits the service liability of
the members of the IMNS only with the personnel of the regular
Army. However after having named to MNS and bought under the
Army Act, 1950; the Government of India had set the terms and
conditions of service of the officers in the MNS through Army
Instruction 274/50 dated 12th August 1950; Para (1) of which reads
as,
Liability for Service- Persons granted regular
commissions in the MNS will be liable for service in any part of

the world and in any branch of the Armed Forces i.e. Army,
Navy or Air Force.
3.46. Section 6(1) of the Ordinance reads as,
Eligibility for appointment.(1) (Any citizen of India) if
a woman and above the age of twenty one, shall be eligible
for appointment as an officer in the Indian Military Nursing
Services) and, if she satisfies the prescribed conditions, may
be appointed thereto in the manner laid down in section 5.
3.47. According to Army Instruction 274/50, Terms and conditions
of service for grant of the regular commissions in MNS, Para 2,
reads as,
Eligibility- the following will be eligible to apply for
regular commissions:- --------------B. Civilians: -----------------
(i) Nationality:- -------------(c) be a Gurhka subject of Nepal.
(d) be an individual in whose favour a declaration of eligibility
has been issued by the Govt. Of India
3.48. The eligibility for grant of commission in the MNS is in
conformity with the Section 11 of the Army Act, 1950, reads as,
Ineligibility of aliens for enrolment. -No person who is
not a citizen of India shall, except with the consent of the
Central Government signified in writing, be enrolled in the

regular Army. Provided that nothing contained in this section
shall bar the enrolment of the subjects of Nepal in the regular
Army.
3.49. Presently the age limit for grant commission in the MNS is 20
years set vide Army Instruction 3/98. The copy of the said Army
Instruction is being filed herewith as ANNEXURE-P-13.
3.50. That the Central Government did not issue any Gazette of
India notification under Section 4(1) of the Army Act, 1950; to apply
the Act to the Officers of the IMNS, as it appears in the Law
Commission Report. The Section 4(1) of the Army Act, 1950; reads
as,
Application of Act to certain forces under central
Government.-(1)The Central Government may, by notification,
apply, with or without modifications, all or any of the
provisions of this Act to any force raised and maintained in
India under the authority of that Government, and suspend
the operation of any other enactment for the time being
applicable to the said force.

3.51. No other provision exists under the Army Act, 1950 to bring
the IMNS under the Act through such a gazette notification; as the
Officers of the IMNS were clearly not persons not otherwise subject
to military law under Section 2(1)(i) of the Act, reads as
persons not otherwise subject to the military law who,
on active service, in camp, on the march or at any frontier
post specified by the Central Government by notification in
this behalf, are employed by, or are in the service of, or are
followers of, or accompany any portion of the regular Army
3.52. That members of the erstwhile IMNS were brought under
the Army Act, 1950 as officers of the regular Army, after the
issuance of the Army Instruction 274/50 MNS became a separate
legal entity being a part of the regular army; different from the
IMNS.
3.53 That the IMNS(India) Rules , 1944 also became redundant
thereafter as the rank, status and all other aspects of the officers in
the MNS came under the exclusive purview of The Army Act, 1950.
3.53. The provisions of the Army Act, 1950 applies to the MNS, is
an undeniable fact as seen from Rule 16A of the Army Rules, 1953.
Therefore the Army Act, 1950 applies to the women officers serving
in MNS as officers of the regular Army; under Section 2(1) (a), reads
as,
Persons subject to this Act. - (1) The following persons
shall be subject to this Act wherever they may be, namely: (a)
Officers, junior commissioned officers and warrant officers of
the regular Army;
3.55. According to Section 5 of the Indian Military Nursing Service
Ordinance, 1943, as on 21st July 1950 the Officers of the IMNS were
of commissionedrank; reads as,
All members of the (Indian Military Nursing
Service) shall be of commissioned rank and shall be
appointed as officers of the (Indian Military Nursing
Service) by the Central Government by notification in
the Official Gazette.
3.56. That Section 9 of the IMNS Ordinance, 1943 laid down that,
the provisions of the Indian Army Act, 1911 shall, to
such extent and subject to such adaptations and modifications
as may be prescribed, apply to members of the Indian Military
Nursing Service as they apply to Indian commissioned officers,
unless they are clearly inapplicable to women.

3.57. Hence on 22nd July 1950 onwards (on the commencement of
the Army Act, 1950); without any adaptations and modifications, the
Act applies to the Officers of the MNS as Officers of the regular
Army. Further the IMNS cease to exist in the Army, though the
Indian Military Nursing Service Ordinance, 1943 is still in force, as
the members of the force were made part of a separate legal entity
forming part of the regular Army named the MNS.
3.58. The Section 12 of the Army Act, 1950; reads as,
Ineligibility of females for enrolment or employment. -No
female shall be eligible for enrolment or employment in the regular
Army, except in such corps, department, branch or other body
forming part of, or attached to any portion of, the regular Army as
the Central Government may, by notification in the official Gazette,
specify in this behalf.
3.59. Such a notification was not necessary in the case of women
officers serving in the MNS, as immediately before commencement
of the Act (22nd July 1950) they were existing in the Army as the
IMNS.
3.60. Further the officers in the MNS come under the definition of
regular Army. The Section 3 (xxi) of the Army Act, 1950; reads as,
Regular Army means officers, junior commissioned
officers, warrant officers, non-commissioned officers and other
enrolled persons who, by their commission, warrant, terms of
enrolment or otherwise, are liable to render continuously for a
term military service to the Union in any part of the world,
including persons belonging to the Reserve Forces and the
Territorial Army when called out on permanent service;
3.61. It is brought out that women officers serving in the MNS are
officers under Section 3(xviii) of the Army Act 1950; and provisions
of the Act, applies to them under Section 2(1)(a) of the Act, and
they are part of the regular Army. They are by their commission,
liable to render continuously for a term military service to the Union
in any part of the world. Further the Government of India in the
year 1950 had amended the terms and conditions of service of the
officers of the MNS through Army Instruction 274/50; Para (1),
reads as,
Liability for Service- Persons granted regular
commissions in the MNS will be liable for service in any part of

the world and in any branch of the Armed Forces i.e. Army,
Navy or Air Force.
3.62. The irrefutable facts which emerges from the Bond Signed by
the Father or Guardian of a Minor Girl Admitted for the pre-
commissioning B.Sc Nursing Course and other training at the
Colleges of Nursing of AFMS shows that the President of India offers
Commission in the Regular Army to the candidates selected for pre-
commissioning training as Nursing Cadets; when such Nursing
Cadets are commissioned as officers in the MNS they are made to
take oath or affirmation under Section 16 of the Army Act, 1950 in
the manner provided in Section 17 of the Act, as given in Rule 9 of
the Army Rules, 1954 and reproduced in Army Order 127/50, that is
to duty bound, honestly and faithfully serve in the regular Army of
the Union of India. Further, the commissions in the MNS are granted
under the provisions of Section 10, 16 and 17 of the Army Act,
1950, read with Rule 8 and 9 of the Army Rules, 1954, which is as
officers of the Regular Army like any other Arms / Services of the
Army.
3.63. The MNS is a Corps as given in Army Rules, 1954, Rule
187(1)(y); reads as,

Corps prescribed under section 3 (vi).(1) Each of the
following separate bodies of persons subject to the Act shall
be a corps-----------------------, namely: -----------------------
(y) Any other separate body of persons subject to the Act,
employed on any service and NOT attached to any of the
above corps or to any department.
3.63. Section 3(vi) Definitions of the Army Act, 1950; reads as,
In this Act, unless the context otherwise
requires,- (vi) Corps means any separate body of
persons subject to this Act, which is prescribed as a
corps for the purposes of all or any of the provisions of
this Act;.
3.65. Further, the Para 255 of the Regulations for the Army
(Annexure I), refers to the MNS as a Corps/Service of the regular
Army. This was further reiterated when the COAS through the Army
Order, AO 11/82 which laid down the order of precedence of the
Arms/ Services and Units of the Army. In which the MNS is placed
first among the Medical Services which includes the Army Medical
and Dental Corps. This order was in view of the status of the MNS
as a Corps of the regular Army.

3.66. That the officers in the MNS are officers of the regular Army,
and that they are under the Army Act, 1950 and the Rules made
thereunder. They take the same oath as other officers of the Army
to duty bound, honestly and faithfully serve in the regular Army of
the Union as given in the Army Order 127/50 which is a
reproduction of the Rule 9, Army Rules, 1953. Their appointments
and promotions are notified in the gazette of India like other
commissioned officers, and they were issued with a certificate from
the President of India on commissioning. Their Records of Service is
maintained on form IAFZ 2041; Medical Records are maintained on
Health Record Card (Officers of the Indian Army) as given in
Annexure 1 to Appendix C to Army Order 48/78 as for other
commissioned officers of the Army.
3.67. The Ministry of Defence, Government of India from time to
time publishes the Army List. The Army List contains the complete
list of officers of the regular Army. In the Army List, the officers in
the MNS, AMC and ADC are listed under the Medical Services. The
Army List is the authority when it comes to decide on the inter se
seniority among the officers of the regular Army. Further, the
officers in the MNS are issued with the same Identity Cards on form
IAFZ 2015 like other officers of the regular Army. They get the same
rations which is as authorised for the officers of the Army by the

Para 885(a) of the Regulations. They have the same entitlements
like any other officer in the Canteen Stores Department Canteens.
Their pay account is also maintained by the same Controller of
Defence Accounts Pune as for other officers.
3.68. The MNS is one of the three constituents of the Armed Forces
Medical Services (herein after referred as AFMS), the other two are
Army Medical Corps (herein after referred as AMC) and Army Dental
Corps (herein after referred as ADC). The method of selection,
training, terms and conditions of service and employability of officers
in the MNS, AMC and ADC (herein after referred as AFMS officers)
are similar. However the AFMS officers though being officers of the
regular Army are not employed in any other duty other than
healthcare and related administrative jobs. However the officers
from the fighting arms like Infantry, Artillery etc. does not suffer
from such limitations; the method of selection, training, terms and
conditions of service and employability of officers from the fighting
arms are distinctly different from that of the AFMS officers, however
under the military law all officers of the regular Army have the same
status regardless of their parent Arms/ Service. The terms and
conditions of service AFMS officers are somewhat comparable to
that of the support services like Remounts and Veterinary Corps
(herein after referred as RVC), Military Farms (herein after referred

as MF), Judge Advocates Generals Branch (herein after referred as
JAG) etc; however are very much different from that of the fighting
arms like Infantry, Artillery, Signals etc.The officers of AFMS that is
officers in the MNS, AMC and ADC, though are officers of the regular
Army are primarily selected for their professional capabilities. The
comparative table showing the differences between the AFMS
officers and officers of other Arms/ Services are being given
hereunder which is self explanatory and explicit in all terms and
removes all doubts:
Sl AFMS Officers (officers in the Officers in the Infantry,
No. MNS, AMC and ADC) Armoured, Artillery, ASC,
Ordinance etc.
1. No Services Selection Board Passing Services Selection
Interview for Selection Board Interview is mandatory
2. Not tested for the officer like Mandatorily tested for the
qualities officer like qualities
3. Selection based on potential Selection based on officer
for professional training like qualities
3. Undergoes only professional Under goes intensive military
training as Cadets training as Cadets
5. Under goes basic military Military training of 1 4
training of 4 6 weeks years duration is a pre-

duration after commissioning requisite for commissioning
6. Employability is limited to No such limitation exists can
hospitals, medical be posted in any capacity in
establishments and related the Army commensurate with
administrative appointments qualifications
7. The Cadre is managed by the Under the Military Secretary
Director General Armed Forces Army Head Quarters
Medical Service
8. No Basic Young officers course Young officers course after
after commissioning in the commissioning is mandatory
MNS/AMC/ADC under Para 77 (b) of the
Regulations for the Army,
1987
9. Exempted from Promotion Promotion examinations are
examinations under Para 81 of mandatory under Para 79 of
the Regulations for the Army, the Regulations for the Army,
1987 1987
10. Separate entrance examination National Defence Academy
for Nursing and Medical Examination conducted by
aspirants after 10+2 for the Union Public Service
training in the armed forces to Commission for the 10+2
be commissioned as officers candidates.

11. Direct Commission for Nursing, Combined Defence Services
Medical and Dental graduates Examination, followed by
without any Services Selection Services Selection Board
Board Interview Interview
12. Transfer from MNS, AMC and Transfer from one regiment
ADC to other regiments/ Corps or Corps to another regiment
is not permitted or Corps is permitted
according to the provisions of
the Regulations for the Army,
1987
13. Age of superannuation is Age of superannuation is
higher for the Brigadier and lower for the Brigadier and
below than fighting Arms below in the fighting Arms
13. Promotion boards are Promotion boards are
constituted under the orders of constituted under the orders
the Director General Armed of the Chief of the Amy Staff
Forces Medical Services
15. Trained at Armed Forces Trained at National Defence
Medical College, Command Academy, Indian Military
Hospitals and other large Academy, Officers Training
hospitals etc. Academy etc.
16. Personal Number Allotted by Personal Number Allotted by

the Director General Armed the Military Secretary Army
Forces Medical Services Head Quarters
17. Change of name of the AFMS Change name approved by
officers are approved by the the Military Secretary Army
Director General Armed Forces Head Quarters
Medical Services
18. Tri-Services in character, Not applicable
Nursing, Medical and Dental
Officers from the Army are
Seconded to the Navy and the
Air Force; and when Seconded
to the Navy or Air Force their
ranks will correspond to
equivalent ranks in those
Services.
19. There is separate Not applicable
establishment of Nursing,
Medical and Dental Officers for
the Army, the Navy and the Air
Force; though every Nursing
Officer, Medical Officer and
Dental Officer is originally

commissioned in the MNS,
AMC and ADC respectively
20. Nursing, Medical and Dental No such special rights exist
Officers have special rights to for any other Arms/ Services/
be armed and use the arms in Branches of the regular Army
their own defence, or in that of under any international law;
the wounded and sick in their making the Medical Services
charge under Article 22(1) of of every Countries Armed
the, Geneva Convention for Forces unique from the rest
the Amelioration of the of their Armed Forces.
Condition of the Wounded and
Sick in Armed Forces in the
Field. Geneva, 12 August
1949.
3.69. The officers in the MNS, AMC and ADC are officers of the
regular Army under the military law, even though the method of
selection, training, terms and conditions of service, employability,
promotions boards, age of retirement etc. are different from that of
the officers of the fighting Arms. However, due to the discriminatory
policies of the Army being pursued for more than a decade and half;
they are able to highlight the differences exists between the fighting
Arms officers with that in the MNS; at the same time covering up
such similar differences existing in the officers in AMC/ADC. Further,
the Army is trying to bring in differences between officers in the
MNS and other officers of the regular Army. They have droppedthe
word regular Army in the gazette notifications regarding Military
Nursing Service, suspended the issue of the certificate of
commission from the President of India, changed the uniform of the
officers in the MNS to a different colour and style from the other
officers, stopped giving them fire arms training, reduced their pay
scales and grade pay, changed their travel entitlements including
discontinuing the Form G for concessional travels in trains and
clubbed it with Concession Voucher meant for personnel below
officer ranks. They are trying to segregate their family
accommodations from other officers, change their rank insignias,
rank designations and also change the current uniform.
3.70. The Army is trying to rewrite the military law to down grade
the officers in the MNS from officers of the regular Army to just
Nurses. They have successfully introduced many changes over the
years which make the officers in the MNS stand out from the other
officers of the regular Army. They will not stop until the rule books
are re-written to separate the MNS from the regular Army and
reconstitute it as an auxiliary force in the garb of IMNS. Over the

years through systematic propaganda they are able to spread lies
and covered up the fact that the MNS is part of the regular Army.
3.71. The current generation of the Army officers have been led to
believe that the MNS is an auxiliary force under the IMNS Ordinance.
They are able to change the majority opinion against the officers in
the MNS that now almost everyone in the Army looks down upon
them. The institutional apartheid encourages even the personnel
below officer rank to ill treat the women officers in the MNS.
Because of the sustained propaganda campaign over the years
other officers now feels belittled over the fact that the Nurses are
also are been given Commissioned Ranks. This is nothing but the
most severe form of discrimination found in any organisation.
3.72. That through time the officers in the MNS have done
wonderful services as a regular cadre of the Army and have created
a distinct identity in the defence services through time and the
officers in the MNS have been promoted to the rank of Major
General by the dent of their merit and achievements. The women
officers serving in the MNS are the most combat exposed women in
Indian Army. They have served through two World Wars. According
to the historical records, around 350 Indian Army Nurses either died
or taken prisoner or missing in action during the two World Wars.

On a single day on 14 February 1942, fifteen IMNS Nurses died in
the sinking of SS Kuala by the Japanese dive bombers of the Coast
of Pom Pong Island. They have served on the fringes of the battle
fields in the five major bloody wars we have fought after
independence. The officers in the MNS are still caring for the sick
and wounded soldiers in the terrorist torn North and North East to
the field area bunkers just a stones throw away from the
international borders. The officers in MNS over the years have
supported our combat forces in UN Missions at Korea, Gaza,
Vietnam, Somalia, Rwanda, Angola, Ethiopia, Sudan, Lebanon,
Cambodia, and Sierra Leone etc. and with IPKF in Sri Lanka also in
war ravaged Afghanistan, earth quake struck Nepal etc. No women
officer from other services in the Indian Armed Forces ever got killed
in action, or taken POWs or endured so many hardships in the
service of our great Country.
3.73. That it is an established factor of defence experts that, if the
Army exists for war, then casualties are bound to happen. Therefore
no Army in the world can exist without an effective mechanism to
manage the mass causalities. The Indian Army cannot be an
exception.
3.73. Most of the countries after the Second World War have made
changes to the Nursing Services of their Army by making the Nurses
commissioned officers of the regular Army. They all have Army
Officer Nurses for the same reason, that their soldiers can go to war
with the firm belief that if they get injured these women will do
everything in their powers to care them back to good health. For
that, she has to have the necessary resources including personnel
like ambulance assistants, nursing assistants, nursing technicians,
emergency care and trauma technicians, housekeeping staff and
civilian staff under her command. In the Army, only the
commissioned officers rank vests that kind of authority on her. That
is why so many countries including some of the smallest ones like
Bhutan and Nepal also made their Nurses in the Army, the regularly
commissioned officers of the Army.
3.75. That, India routinely trains the Army Officer Nurses from
Afghanistan, Bhutan, Nepal, etc. in the Nursing Colleges in the
Army. One thing which is common from the Middle Eastern country
like Yemen or a South East Asian country like Thailand or a Western
country like USA is the existence of commissioned officer nurses in
their Army. This includes our neighbours Afghanistan, Bangladesh,
Bhutan, China, Myanmar, Nepal, Pakistan and western countries like
Australia, Canada, France, Germany, UK, USA etc. Some of them like
USA and UK got separate branches for Army, Navy and Air Force. So
many countries could not have gone wrong in their judgement by
granting commissioned officer rank to the Nurses in their Armies and
treating them equal with other branches of regular army.
3.76. The Government over the years had made many positive
changes in the conditions of service of women officers serving in
other branches, like granting of permanent commission etc.
However, those women who chose to serve in the MNS, have been
discriminated clearly due to the prejudices or stigma attached to
their jobs. The near mutiny happened in the Air Force in the wake of
the 5th Pay Commission report in 1997 was another such incident
born out of such discrimination.But in the present case the victims
are hapless women, so no violent protests will ever happen. But her
pride, dignity and honour will be dead, the moment the rank is
removed from her shoulders. How far the Army will be able to push
her to do her job in a two front war; which may breakout in the
future over the Arunachal Pradesh in the East and the Kashmir in
the West? But with her honour and pride intact she will be more
than willing to fight alongside the men if the need be; like during the
fall of the Singapore in the Second World War.

3.77. That the women officers serving in the MNS are required to
work, in the male dominated world of the Army and the Armed
Forces. There are around 6000 Doctors in the Armed Forces Medical
Services (AFMS), against around 4000 Nurses. The Planning
Commission (now NITIAayog) recommended Doctor to Nurse Ratio
as 1: 3; whereas in the Armed Forces, it is only 1: 0.67. The huge
shortfall in the Nurses is partly made up by the extended duty hours
of the women officers of MNS. The Medical Services also employs
around 23000 Nursing Assistant tradesmen of the Army Medical
Corps in the patient care, under the direct supervision of officers of
MNS to make up the shortfall. Any attempt to remove the officers of
MNS from the regular army cadre and make them auxiliary force
would seriously affect not only the status of the officers of MNS but
also functioning of the medical services of army.
3.78. The women officers of MNS are also routinely required to lead
a team of male personnel consisting of ambulance assistants,
nursing assistants, nursing technicians, emergency care and trauma
technicians, housekeeping staff and civilian staff who are placed
under them. She handles combatant male patients like Officers,
Junior Commissioned Officers and other ranks from all services
including Para Military forces in insurgency prone areas, in her day
to day patient care. Some of the women officers of MNS perform

instructional duties in the training centres for the male nursing
assistants, teaching them the basic nursing skills. All these different
roles, they have performed in the extremely hierarchical, rank,
status and class conscious environment of the Army with the
strength of their commissioned ranks.
3.79. Further once the outwardly symbols of Army Officers Ranks is
removed from their shoulders, some of those women in the MNSwill
be sitting ducks for sexual assaults. When her own safety, honour
and dignity are under threat, the women serving in the MNS will be
only fighting for her own day to day survival. The authorities in the
past have been successful in suppressing the cases of atrocities
committed against the women officers serving in the MNS. Hence
not many cases come to light outside the Army and so many such
cases are going unreported.
3.80. The Army in the recent times have been claiming that the
MNS is an auxiliary force disregarding the historical back grounds
regarding its origins, and the laws governing it. Earlier on the issue
of changing of the colour of uniform of the officers in the MNS, one
of the officers in the MNS challenged the same . The matter came
before this Honble Court for consideration however the respondents
mixed up the facts to state before the court that the provisions of
the IMNS Ordinance, 1943 are still applicable. This Honble Court
was wrongly informed by the respondents that the officers in the
MNS are still governed by the provisions of IMNS Ordinance as result
of which the said case was decided by the court on the basis of the
IMNS Ordinance, 1943. As submitted earlier the duality has been
deliberately created by the respondents to deny the regular Army
officer status to the women officers serving in the MNS.
3.81. That the Indian Army however not cared to protect and
promote the status of the officers in the MNS beyond a certain level
due to the discriminatory attitude adopted against them due to the
supposedly lowly nature of their job which is patient care and the
decision making process which is cleverly wrapped in the immunity
and freedom granted to defence forces to manage their services.
3.82. That the Army proposed to the 4th Pay Commission in the year
1984 to grant the same pay scales to officers in the MNS as
applicable for other Service Officers. To the 5th Pay Commission in
1995 the Army proposed same pay scales to Brigadier and Major
General rank, start of scale one increment below for Lieutenant to
Colonel and rank pay for all ranks in MNS as for other Service
Officers.
3.83. The officers of MNS have been granted lower grade pay and
pay band as compared to the other officers of the regular Army
despite the recommendations of the 6thPay Commission for grant of
same grade pay and pay bands. When the Pay Commission
recommendations implementation was notified in 2008, the pay of
the officers in the MNS was downgraded arbitrarily and illegally on
the recommendation of the Army. The Armys stand was such grant
of same pay band and grade pay to officers in the MNS will
undermine the Command and Control in the Hospitals. Whereas the
Command and Control in the Army always flowed from the Army
Act, 1950 and the Rules made thereunder; not from the Pay band
and Grade of its Officers. Further, it was alleged that the officers in
the MNS are non-combatants against the provisions of the Rule 8 of
the Army Rule, 1953. When the Army was making hue and cry
about the perceived down gradation of its officers vis-a-vis IAS
officers, it was quietly pressurising the Government to downgrade
the officers in the MNS due to the prejudices or stigma attached to
their job.
3.83. In the year 2004 the Army changed the uniform of the officers
in the MNS from the olive green shirt, pants which the rest of the
Army wears to the current safari suit style beige colour uniform.
Over the years the Army has started to discriminate the officers in
the MNS, earlier it was the pay, later it was the uniform now it is
their rank and status. The officers in the MNS are contemplating to
challenge the said move of changing uniform and reducing pay etc.
and the same is not a subject matter of this petition, hence not
elaborated.
3.85. That the Army has also been playing a fraud with the statutes
by adopting the IMNS Ordinance, 1943 as per its convenience to
discriminate the women officers in the MNS despite the fact that no
notification for adoption of IMNS was issued under Section 4 (1) of
the Army Act, 1950 and IMNS Ordinance became redundant on the
repeal of the Indian Army Act, 1911 and after that the IMNS was in
fact replaced by the MNS cadre of regular army. Respondents have
been dishonestly applying IMNS Ordinance on the MNS officers
selectively to deny them their right and status as par with the other
officers of the regular army.
3.86. That on 13th October 2014, The Law Commission of India in
its Report No. 249, Obsolete Laws: Warranting Immediate Repeal
Second Interim Report, Chapter No.3, Serial No. 11 had
recommended for repeal of the Indian Military Nursing Service
Ordinance, Ordinance 30 of 1943 with amendments to the existing
law in the form of suitable amendments to the Army Act, 1950 to

incorporate provisions pertaining to members of the IMNS. The copy
of the relevant part of the recommendations is being filed herewith
as ANNEXURE-P-15.
3.87. That to exploit and misuse the aforesaid recommendations of
the Law Commission of India, the army has clandestinely
determined to push the position of MNS officers by making drastic
amendments in various provisions of the Army Act and Army Rules,
the Army authorities are now out hammer and tongs to delete
several provisions of the Army Act, 1950 and the Army Rules under
the garb of the said recommendations of the Law Commission. The
army has now dig out its old papers and ready with reports by
various committees obtained in predetermined reports by its internal
committee of officers which has no choice or scope of making any
independent recommendation and practically sings on the dotted
lines. The said reports have time and again recommended for
several disadvantageous recommendations for officer of MNS but
never implemented by the army in the lack of proper justification
and apprehension of the courts coming to the rescue of the officer
in the MNS. The sum and substance of various reports is to the
following effect:
i) For deletion/amendment to the Paras of the Regulations
for the Army, 1987 (Para 32, 58, 65, 66, 67, 75, 76, 77,
81, 105, 109,255, 341, 618, 619, 621, 733 and 1394),
where the women officers in the MNS finds mention as
officers of the regular Army.
ii) Amendment of Rule 16A of the Army Rules, 1953.
iii) Amendments/ withdrawal of Army Orders 353/73, 11/82.
iv) Making a separate Regulations for the MNS after
separating it from the regular Army
v) Redesignate the ranks of the women officers in the MNS
to sister, matron etc. And remove their army officer rank
insignias and segregating their family accommodations
from the officers pool etc.
vi) Changing the Bond of liability of the Nursing Cadets for
commissioning in the Regular Army on successful
completion of pre-commissioning training.
3.88. That the serving officers in the MNS have limitation of their
service restrictions hence cannot become vocal being a part of
uniformed forces however there is great resentment to the proposed
move of the army and the treatment being meted to the officer of
MNS which is in existence since last more than 65 years. Several
serving officers of MNS have however protested against the
proposed move by the Army and have made written representation
under their service rules. The petitioner being a representative

body of the veterans of MNS is now raising the aforesaid
irregularities being committed by the army in an era of equal
participation of the women in the armed forces.
3.89. That till now , the modus operandi of the Army in misusing its
autonomy and authority to run its affairs independently is to
constitute committees, groups of serving officers and ask them to
sign on dotted lines and force the said unreasonable terms and
conditions on the service officers as an eye wash.
3.90. That the intention, conduct of the Army is evident from the
fact that instead of giving the status and rank of the officers in the
MNS without discrimination of job; army has relegated the officers in
the MNS from their prestigious positions as officers of the Regular
Army and as combatants part of the support services who face all
professional hazards of the military life equally with all other wings
of the regular Army.
5. That the present petitioner has not filed any other petition in
any High Court or the Supreme Court of India on the subject matter
of the present petition.

6. That the petitioner has not filed any other writ petition before
this court or any other High Court or before the Honble Supreme
Court of India seeking the identical relief.
7. That the Annexures filed along with the Writ Petition are true
copies of their respective originals.
8. That the petitioner did not have any alternate and efficacious
remedy except the present Writ Petition.

PRAYER
It is therefore most respectfully prayed that the court may issue:
(a) Writ , Order or direction in the nature of PROHIBITION
or any other writ, order or direction thereby prohibiting
the respondent from acting illegally and violating the
provisions of the Army Act, 1950.
(b) Writ, order or direction in the nature of MANDAMUS or
any other appropriate, writ, order or direction in favour
of the Petitioner and against the respondents thereby
restraining the respondents from changing the status,
terms and conditions of the officers serving in the MNS
and to grant them the equal status at par with the
officers of the same rank designations in the other
Arms/ Services of the regular Army under the Army Act,
1950 as described in the petition.
(c) Writ, order or direction in the nature of MANDAMUS or
directing the respondents from not applying the

provisions of the IMNS Ordinance 1943 in determining
and defining the terms and conditions of the officers in
the MNSde hors The Army Act, 1950.
(d) Writ, order or direction in the nature of MANDAMUS or
of the Petitioner and against the respondents thereby to
declaring that the officers in the MNS are combatants
and are officers of the regular Army; and the MNS is a
Corps of the regular Army subject to the Army Act, 1950
and the Rules made thereunder.
(e) Writ, order or direction in the nature of MANDAMUS or
directing the respondents to re-commence the issue of
Parchment of the Presidents Commission and firearms
training to the officers in the MNS.
(f) Cost of the petition be also allowed in favour of the
Petitioner.
(g) Any other order which the Honble Court may deem fit
and proper in the facts and circumstances of the case
be also passed in favour of the Petitioner.
PETITIONER
THROUGH
COUNSEL
IA(civil) No.---------of 2015
IN
WP (C) No.__________ of 2015.
In the matter of:
VS
C.M.P. UNDER SECTION 151 CPC ON BEHALF OF THE
PETITIONER FOR GRANT OF INTERIM ORDERS.
To
The Honble Chief Justice and
His companion Judge of
Supreme Court of India

MOST RESPECTFULLY SHOWETH:
1. That the petitioner has filed the present writ. The contents of
the writ petition be treated as part and parcel of this application and
the same are not being repeated herein for the sake of brevity.
2. That the petitioner has been advised that he has a strong
prima facie case in his favour and there is every likely hood of his
succeeding in the present writ petition.
3. That the petitioners shall suffer irreparable loss and injury if
the prayer made in the present application is not granted.
3. That the balance of convenience is entirely in favour of the
petitioner and against the respondent.
5. That the equity is also in the favour of the petitioner.
6. That the present application is being made in the interest of
justice.
PRAYER
The court may:
a) Restrain the respondents from changing the status, terms and
conditions of the officers serving in the MNS during the
pendency of this petition.
b) Court may also pass appropriate orders restraining the
respondents from not applying the provisions of the IMNS
Ordinance 1943 in determining and defining the terms and
conditions of the officers in the MNSde hors The Army Act,
1950 during the pendency of this petition.
c) Any other order which the Honble Court may deem fit and
proper in the facts and circumstances of the present case be
also passed in favour of the petitioner.
Petitioner
Through
Counsels
Delhi
Dated:
IA(civil) No.---------of 2015
IN
WP (C) No.__________ of 2015.
In the matter of:
VS
AFFIDAVIT
I, Major General (Retd), UshalSikdar, W/oSh Krishan Chand Dogra
R/o-D-15/11, SF, Presidency Floors, Ardee City, Sector-52, Gurgaon,
Haryana aged around 70 years, do hereby solemnly affirm and
declare as under:
1. That, I am the President of the Petitioner society , duly
authorized by the Executive Committee of the association vide
a resolution hence competent to swear this affidavit.
2. That the contents of the present writ petition and the
interlocutory application are true and correct, the same are
based upon the records available with me, my personal
knowledge and belief and the legal advice received and
believed to be true.
3. That I have understood the contents and testify them to be
true and correct.
DEPONENT
VERIFICATION:
Verified on this ---------------at Delhi that the contents of this
affidavit are true and correct, nothing material has been
concealed and no part of it is false.
DEPONENT.

WP (C) 806of2015

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IN THE SUPREME COURT OF INDIA

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

WP (C) No. 806 of 2015.

In the matter of:

MNS Corps Association, ...Petitioner

Union of India ...Respondent

1. Writ Petition (Civil) Under Article

32 of the Constitutioin of India

2. I.A. No._________OF 2015

Application for stay and interim orders

(FOR INDEX KINDLY SEE INSIDE THE PAPER BOOK)

(EXTRA ORDINARY CIVIL WRIT JURISDICTION)

WP (C) No.__________ of 2015.

In the matter of:

MNS Corps Association, ...Petitioner

Union of India ...Respondent

Sr. PARTICULARS Page

2. Court Fees page

3. Synopsis & list of dates

6. Main writ petition alongwith affidavit in

7. CMP under Section 151 CPC alongwith

Photocopy of the resolution of the

Executive Committee of the society.

Photocopy of the Indian Military Nursing

Service Ordinance, 1943.

10. ANNEXURE P-3

Photocopy of the Indian Military Nursing

Service (India) Rules, 1944

11. ANNEXURE P-4

Photocopy of the Army instruction No.

12. ANNEXURE P-5

Photocopy of the Army Instruction 4/59.

13. ANNEXURE P-6

Photocopy of the Army Order 353/73.

13. ANNEXURE P-7

Photocopy of the agreement signed by the

officers in the MNS on commissioning as

Extract of the relevant portions of the 5th

Central Pay Commission report.

Photocopy of the Records of Service on

form IAFZ-2041 of an officer served in the

17. ANNEXURE P-10

Photocopy of the orders dated 30/3/2010

passed by the Armed Forces Tribunal in CP

18. ANNEXURE P-11

Photocopy of the extracts of the Para

2.3.20 of the recommendations of 6th

central pay commission for MNS officers.

19. ANNEXURE P-12

Photocopy of the extracts of the

recommendations of 6th central pay

20. ANNEXURE P-13

Photocopy of the gazette notification dated

30th August 2008.

21. ANNEXURE P-14

Photocopy of the Army Instruction 3/98.

22. ANNEXURE P-15

Photocopy of the recommendations of the

report No. 249 of the Law commission of

23 CMP with affidavit for interim orders

DRAWN & FILED BY

New Delhi Umesh Sharma &Sunita Bhardwaj

Counsel for the petitioner,