IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26377 OF 2025 (EDN-RES)

BETWEEN:

M/S S V COLLEGE OF NURSING REPRESENTED BY ITS CHAIRMAN MR. SANDESH O/A NO.33/3 SITE NO. 6,7,13,14 & 22 VISHWESHWARAIAH EXTENDED LAYOUT

4^TH CROSS, MALLATHAHALLI BANGALORE – 560 056.

…PETITIONER (BY SRI. NITIN A M, ADVOCATE)

Digitally signed by AND:

SREEDHARAN BANGALORE SUSHMA 1. THE STATE OF KARNATAKA LAKSHMI Location: High REPRESENTED BY ITS Court of THE PRINCIPAL SECRETARY Karnataka MEDICAL EDUCATION DEPARTMENT MS BUILDING VIDHANA SOUDHA BANGALORE - 01

2. THE INDIAN NURSING COUNCIL

8^TH FLOOR NBCC CENTER PLOT NO. 2 COMMUNITY CENTER OKHLA PHASE - I NEW DELHI – 110 002.

REPRESENTED BY ITS PRESIDENT

3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE

4^TH T BLOCK JAYANAGARA BENGALURU - 560 011.

REPRESENTED BY ITS REGISTRAR …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1;

SRI. D.R. RAVISHANKAR, SR. COUNSEL FOR SRI. SHIVARUDRA, ADVOCATE FOR R2;

SMT. FARAH FATHIMA, ADVOCATE FOR R3)

---

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO PASS AN ORDER TO QUASH AND SET ASIDE THE UNAUTHORISED NOTICE ISSUED BY THE RESPONDENT NO.2 BEARING FILE NUMBER 18-15/14812-INC (90189) DT.18-08-2025 (ANNEXURE-L) AND PASS AN ORDER DIRECTING THE RESPONDENTS TO CONSIDER THE COMPLIANCE NOTICE BEARING REF: SVCON/01/INC/2025-2026 DATED 22-08-2025 ISSUED BY THE PETITIONER (ANNEXURE-M1&M2) AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:-

“a. To pass an order to quash and set aside the unauthorised notice issued by the Respondent No.2 bearing File Number: 18-15/14812-INC (90189) dt.18-

08-2025 (Annexure-L);

b. To pass an order directing the Respondents to consider the Compliance Notice bearing Ref: SVCON/01/INC/2025-2026 dt.22-08-2025 issued by the Petitioner (Annexure-M1& M2);

c. To pass such other orders that this Hon'ble Court deems fit in the interest of justice and equity.”

2. A perusal of the material on record would indicate that the petitioner claims to be a Nursing College, in relation to whom the respondent No.2-the Indian Nursing Council has issued the impugned communication/notice at Annexure-‘L’ dated 18.08.2025 under Section 14 of the Indian Nursing Council Act, 1947 (for short “the INC Act”) to the respondent No.1 – State. A perusal of the said notice would indicate that a copy of the same has been marked/forwarded even to the petitioner herein as well as the Karnataka Nursing Council and Rajiv Gandhi University of Health Sciences. The petitioner submitted a reply to the said notice dated 22.08.2025 to the respondent No.2-Indian Nursing Council vide Annexure-‘M1’ as well as to the State Government vide Annexure- ‘M2’ and at that stage, the petitioner approached this Court inter alia contending that the very issuance of the notice/communication is illegal, arbitrary, without jurisdiction or authority of law and the same deserves to be quashed.

3. In this context, it is profitable to refer to Section 14 of the INC Act, which reads as under:-

“14. Withdrawal of recognition. ––(1) When upon report by the Executive Committee, it appears to the Council––

(a) that the courses of study and training and the examinations to be gone through in order to obtain a recognised qualification from any authority in any [State] [* * *], or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under the Act or fall short of the standards required thereby, or (b) that an institution recognised by a [State] Council for the training of nurses, midwives [auxiliary nurse-midwives] or health visitors does not satisfy the requirements of the Council, ––

the Council may send to the Government of the [State] in which