Back
2025 Supreme(Online)(Ker) 51438
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
THE DIRECTOR JUBILEE MISSION COLLEGE OF NURSING – Appellant
Versus
INDIAN NURSING COUNCIL – Respondent
WP(C) NO. 39694 OF 2025
For the Appellants/Petitioners: SHRI.TONY GEORGE KANNANTHANAM, SRI.THOMAS GEORGE, SHRI.EBEE ANTONY, SHRI.AJITH GEORGE KOOLA
For the Respondents: ADV DR.ABRAHAM P.MEACHINKARA, SC, INDIAN NURSING COUNCIL, SRI. RAJEEV JYOTHISH GEPRGE, GP, SMT. SHAMEENA SALAHUDHEEN, SC.
The court determined that additional classes can address attendance issues for students admitted irregularly to a nursing program.
Headnote:This writ petition addressed the enhancement of intake of students from 60 to 100 in a Nursing College. The court considered reports from the Inspection Team and authorized inclusion in the allotment process for enhanced seats. The court observed that students' attendance issues could be mitigated by additional classes. Ultimately, the writ petition was disposed of with this observation.
| Table of Content |
|---|
| 1. petitioner's request for increased student intake. (Para 1 , 2) |
| 2. court's observations on class attendance management. (Para 3 , 4 , 5 , 6) |
JUDGMENT
Dated this the 11th day of November, 2025 The petitioner is the Director of a Self Financing Nursing College conducting B.Sc.Nursing course with an intake of 60 students. The petitioner applied to the Indian Nursing Council (INC) for enhancement of the intake of students from 60 to 100. The petitioner is issued with NOC from the Government, conditional affiliation by the Kerala Nurses and Midwives Council (KNMC) and affiliation from the Kerala University of Health Sciences.
2. Today, when the matter is taken up for consideration, learned Standing Counsel for the INC submitted that after considering the report of the Inspection Team, the Executive Council of the 1st respondent has granted Suitability Certificate for 100 seats.
3. The writ petition is hence disposed of by directing the 4th respondent, LBS Centre for Science and Technology, to include the petitioner in the allotment process and take steps for filling up the 50% of the enhanced seats. The 3rd respondent shall forthwith issue appropriate directions in this regard to the 4th respondent.
4. Learned Senior Counsel then pointed out that the Indian Nursing Council has issued Ext.P6, terming the students admitted up to 31.10.2025 as 'regular batch' and students admitted from 01.11.2025 onwards as 'irregular batch'. It is submitted that if the students admitted after 01.11.2025 are lagging in attendance or instruction, that can be made up by taking extra classes.
5. Learned Standing Counsel for the 1st respondent submits that Ext.P6 was issued, since certain Universities had commenced classes for B.Sc. Nursing course 2025-26 much earlier. But, as far as the State of Kerala is concerned, classes have commenced only from
03.11.2025.
6. Insofar as regular classes for the students admitted prior to 31.10.2025 commenced only from 03.11.2025 and in view of the assurance that the shortage of classes and instructions will be made up by taking additional classes, I am of the opinion that as far as the State of Kerala is concerned, it is not necessary to term the students as ‘regular’ and ‘irregular batches’, if additional classes are taken for students admitted after
03.11.2025 to offset the deficiency.
The writ petition is disposed of with the above observation.
