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.

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 3^rd 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 Nursing. The said notification was issued to ensure the quality of nursing education; the implementation framework seeks to merge GNM schools with B.Sc. Nursing and have a single entry-level qualification as B.Sc. Nursing for nurses by redesigning the B.Sc. curriculum as practical based and by phasing away the GNM course. By Ext.P3 letter dated 19.09.2019, the 3^rd respondent requested the State Government/State Nursing Council to ensure that no new GNM School of Nursing shall be approved from the academic year 2019- 20 and no inspection of GNM School of Nursing shall be conducted for the purpose of renewal/restart/enhancement of seats etc. The appellant then sent a letter dated 02.12.2019 to the 3^rd respondent requesting reconsideration of discontinuing GNM course, as the course helps many poor girl candidates studying under the appellant institution to lead a good life. To that request, the 3^rd respondent sent Ext.P4 reply dated 24.12.2019 stating that the decision to discontinue the GNM course is final and that offering B.Sc. Nursing is the only alternative as it is part of the National Health Policy. In the meantime, in the year 2020, the entire country underwent the COVID-19 pandemic, and there was a shortfall of medical professionals and nurses. Therefore, the National Health Policy underwent severe changes, and the decision to discontinue the GNM course was rolled back, and the permissions were granted by all States to start GNM courses.

2.1 The appellant further pleads that the parent hospital of the appellant filed Ext.P5 application dated 20.07.2024 before the 1^st respondent, State of Kerala, seeking No Objection Certificate (NOC) to commence a GNM course. Thereafter, the 1^st respondent conducted necessary inspections in the appellant institution and, upon being satisfied with the infrastructure and manpower, by Ext.P6 order dated 16.10.2014 granted No Objection Certificate to commence the GNM course with an intake of 40 seats. Ext.P6 NOC stipulates several conditions, the first among them is that the appellant institution shall have the standards, which are prescribed by the 3^rd respondent INC as per their Regulations published from time to time. The second condition is that the appellant shall comply with the guidelines, orders and regulations which are issued by the 1^st respondent, State of Kerala and the 2^nd respondent, the Kerala Nurses and Midwives Council, from time to time. The third condition is that the appellant shall obtain an approval from the 2^nd respondent and suitability certificate from the 3^rd respondent, and a letter of permission from the 1^st respondent before admitting students.

2.2 The appellant states that after receiving Ext.P6 NOC, the appellant submitted Ext.P7 application dated 17.10.2024 before the 2^nd respondent for the