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2025 Supreme(Ker) 2480
IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.K. SINGH, J.
Kerala State United Nurses Association Teachers Association - Appellant
Versus
Union of India Represented by Secretary, New Delhi - Respondent
W.P. (C) No. 35039 of 2024
Decided On : 10-07-2025
For the Appellant : Rajit
For the Respondents: Binny Thomas, P. Sreekumar, Abraham P. Meachinkara, Tony George Kannanthanam, Vivek Menon, Thomas George, Premchand R. Nair, Ebee Antony, Ajith George Koola
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 for non-compliance.
Headnote:(A) Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations, 2020 - Regulation 5D - Salary of teaching faculty - The teaching faculty in private nursing colleges are entitled to salaries no less than the scales prescribed by State/Central Government or UGC - The provisions of the Regulations are binding and must be enforced - If not followed, actions such as de-recognition should be pursued. (Paras 1-2)
(B) Administrative Law - Compliance with statutory regulations - It is incumbent upon the State Government and the Indian Nursing Council to ensure adherence to the regulations mandating salaries for teaching staff in private nursing colleges. (Para 2)
Facts of the case:
The petitioner, an association of private nursing college teachers, seeks enforcement of salary regulations under the Indian Nursing Council's framework which mandates proper compensation for faculty. The colleges are allegedly paying inadequate salaries despite these regulations not being contested.
Findings of Court:
The Court identified the grievance as bona fide and justified, directing the State Government to issue show cause notices and take necessary actions against defaulting colleges.
Issues: The main issues included the enforcement of salary regulations set by the Indian Nursing Council and the responsibilities of the State Government regarding implementation.
Ratio Decidendi: The Court held that the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 are binding and that the State is responsible for ensuring these are implemented, allowing punitive measures against non-compliant institutions.
Result: Writ petition stands closed with orders for action against non-compliant colleges.
| 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. (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.
