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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.K.SINGH
Kerala State United Nurses Association Teachers Association – Appellant
Versus
Union of India Represented by Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. regulatory compliance in private nursing colleges. (Para 1) |
| 2. state's duty to enforce regulatory compliance. (Para 2) |
| 3. court's directives for enforcement actions. (Para 3) |
JUDGMENT :
D.K. SINGH, J.
1. 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
Teaching faculty in private nursing colleges must receive salaries as per prescribed scales, with enforcement mandated by the State and Indian Nursing Council, including potential punitive actions fo....
The court affirmed the binding nature of the Indian Nursing Council regulations on salary standards for private nursing colleges and mandated state enforcement.
The main legal point established in the judgment is the entitlement of teachers to arrears of salary as per VI and VII CPC recommendations, and the responsibility of the authorities to ensure complia....
Recognition of nursing qualifications granted by state nursing councils is mandated by the Indian Nursing Council Act, thus making state-level recognition valid for practice across the country.
Provision only deals with power of the "NMC" qua 50% of seats in Private Medical Institutions; but the "OM" in question proffers twenty five directives to be adopted and followed by the competent Aut....
Employment regulations mandate the establishment of a Grievance Redressal Committee with proper representation to address faculty concerns and protect against unlawful salary deductions.
The exclusion of non-teaching staff from revised pay scales in unaided institutions is arbitrary, violating Article 14's guarantee of equality, as both aided and unaided staff should equally share in....
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