Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Ramakrishna Sarada School Of Nursing, Sri Ramakrishna Ashrama Charitable Hospital, Represented By Its Principal, Sreedivya P. V., D/o. Padmanabhan Nair – Appellant
Versus
State Of Kerala, Represented By The Principal Secretary To The Government, Health And Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. historical context of nursing course approvals. (Para 1 , 2) |
| 2. arguments regarding the nursing course regulations and application. (Para 3 , 5 , 6 , 7 , 8 , 9) |
| 3. legal basis for the single entry-level nursing policy. (Para 4 , 11 , 12) |
| 4. court's confirmation of regulations and decisions. (Para 10 , 13) |
| 5. dismissal of the writ appeal. (Para 14) |
JUDGMENT :
Muralee Krishna S., J.
The petitioner in W.P.(C)No.33806 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 17.12.2025 passed by the learned Single Judge, whereby W.P.(C)No.33806 of 2025 and W.P.(C)No.40066 of 2025 filed by another college of nursing were dismissed.
2. Going by the averments in W.P.(C)No.33806 of 2025, the appellant has been offering the General Nursing and Midwifery (‘GNM’ for short) Course for several years. On 28.02.2019, the 3rd respondent, Indian Nursing Council (‘INC’ for short), issued Ext.P1 notification in tune with the National Health Policy, 2017, that there should be a single entry level for nursing, resolving that the existing GNM Course shall be phased out by the year 2020-2021 and shall be converted into College of Nursi
An institution that upgrades from a General Nursing and Midwifery course to a B.Sc. Nursing course is prohibited from reopening the GNM course under current regulations.
The main legal point established in the judgment is that the authorities must consider and process pending applications within a reasonable time, especially when conflicting decisions and communicati....
The court upheld that compliance with Indian Nursing Council regulations for seat enhancement is mandatory, and the institution's failure to meet conditions justified the denial of additional intake.
Educational institutions must comply with statutory regulations for seat enhancement; inspections for such enhancements are limited to one per academic year as per governing laws.
Point of Law : Regulation 22(iii) clearly indicates the first stage of grant of recognition and prescribes that the eligible establishments/organizations are required to obtain Essentiality Certifica....
Court is of firm opinion that without issuing any notice to Petitioner Institution for withdrawal of permission granted there cannot be any unilateral denial of renewal in the year 2022.
The appeal for enhancement of nursing seats was denied due to failure in complying with statutory inspection requirements as per governing regulations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
