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2025 Supreme(Ker) 1888
IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. Singh, J.
Kerala State United Nurses Association-Teachers Association And Ors. – Petitioners
Versus
Union Of India, Represented By Secretary, Ministry Of Health And Family Welfare, Room No. 348; 'A' Wing, Nirman Bhavan, New Delhi And Anr. – Respondents
WP(C) NO. 35039 OF 2024
Decided On : 10-07-2025
Advocate Appeared:
For the Petitioner: Sri.Rajit
For the Respondent: Shri.Binny Thomas, Sc, Shri.P.Sreekumar (Sr.), Dr Abraham P Meachinkara Sc, Shri.Tony George Kannanthanam, Mr Vivek Menon Sc, Sri.Thomas George, Ms Premchand R Nair Sr Gp, Shri.Ebee Antony, Shri.Ajith George Koola
IMPORTANT POINT
The court affirmed the binding nature of the Indian Nursing Council regulations on salary standards for private nursing colleges and mandated state enforcement.
Headnote:
(A) Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 - Regulation 5D - Salary of teaching faculty in private Colleges of Nursing should not be less than what is admissible in State/Central Government Colleges or as per UGC scales - Court mandates compliance with regulations. (Paras 1 , 2 )
(B) Implementation - The State Government and the Indian Nursing Council must ensure compliance with the salary regulations and take punitive action against non-compliant private nursing colleges. (Para 2 )
Facts of the case:
The petitioner association claims inadequate payment to nursing teachers contrary to the Indian Nursing Council regulations, highlighting the lack of effective measures to enforce compliance.
Findings of Court:
The grievance is justified, and directions are issued for the State Government to act against non-compliant colleges.
Issues: Whether the salary regulations are being adhered to by private nursing colleges and the appropriate actions for non-compliance.
Ratio Decidendi: The court affirmed the binding nature of the Indian Nursing Council regulations and emphasized the duty of the State to enforce compliance.
Result: The writ petition stands closed with directions to the State Government.
JUDGMENT :
D. K. Singh, J.
The petitioner is an association of teachers teaching in private nursing colleges in the State of Kerala. The grievance of the petitioner is that despite the Regulations framed by the Indian Nursing Council, namely Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020, the teachers teaching in nursing colleges are being paid a pittance against Note iv of Regulation 5D of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , which mandates that salary of the teaching faculty in private Colleges of Nursing should not be less than what is admissible in the Colleges of Nursing under State/Central Government or as per the UGC scales. It is also submitted that despite the petitioners having raised their grievance, no effective measures have been taken to ensure compliance with the said provision of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 .
2. There is no denial of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , and they have not been challenged by anyone. Therefore, the Regulations are binding on all concerned. If private nursing colleges are not implementing the mandate of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , it is the duty of the State Government and the statutory body i.e., the Indian Nursing Council to ensure the implementation of Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020. If any private nursing college is not implementing the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , punitive action of de-recognition, etc, must be taken against such nursing college.
3. Considering the aforesaid fact and the mandate of the law, this Court finds that the grievance of the petitioner is bona fide and justified. Therefore, the following directions are issued:
(i) The State Government is directed to issue a show cause notice to the private nursing colleges for not implementing Note iv appended to Regulation 5D of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 .
(ii) After considering their response, the State Government shall submit the report and recommendations to the Indian Nursing Council/ the 2nd respondent for taking appropriate action against the erring private colleges for not implementing the said provision of granting salary to the teaching staff not less than what is admissible in the Colleges of Nursing under State/Central government or as per the UGC scales.
(iii) The Indian Nursing Council shall act upon the recommendation of the State Government against each private college in respect of the report from the State Government.
With the aforesaid directions, the writ petition stands closed.
