The appeal for enhancement of nursing seats was denied due to failure in complying with statutory inspection requirements as per governing regulations.

JUDGMENT

Anil K. Narendran, J.

The appellant, namely, Chitra College of Nursing, which is offering B.Sc. Nursing Course with an annual intake of 40 students, filed W.P.(C)No.40066 of 2025 before this Court, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking the following reliefs;

“(i) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 4^th respondent to forthwith conduct inspection of the petitioner college expeditiously;

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 4^th respondent to consider Ext.P6 letter and complete the process of inspection and approval for enhancement of B.Sc. Nursing Programme seats from 40 to 60 for the academic year 2025- 26 within a time frame fixed by this Hon’ble Court, before the last date of admission, i.e., 30.11.2025;

(iii) To declare that the petitioner college, having rectified all defects and obtained approval for enhancement of B.Sc. Nursing Programme seats from 40 to 60 for the academic year 2025-26 from respondent Nos.1 to 3, is entitled to have its request for seat enhancement duly considered and approved by the 4^th respondent after conducting its inspection;

(iv) To issue a writ of mandamus or any other appropriate writ, order, or direction, directing the 4^th respondent to issue suitability certificate to the petitioner college for enhancement of B.Sc. Nursing Programme seats from 40 to 60 for the academic year 2025-26.”

2. In the writ petition, the 4^th respondent Indian Nursing Council filed a counter affidavit dated 10.11.2025, opposing the reliefs sought for, producing therewith Ext.R4(A) Indian Nursing Council (Minimum Pre-Requisites for Granting Suitability to Nursing Programs) Regulations, 2020.

3. On 24.11.2025, when the writ petition came up for admission, the learned Single Judge declined the interim relief sought for in the writ petition, i.e., an order directing the 4^th respondent Indian Nursing Council to grant suitability certificate provisionally to the petitioner for admitting 20 more students, i.e., with an annual intake of 60 students for B.Sc. Nursing Course and direct the 1^st respondent State to allow the petitioner College to admit 20 more students from the Centralised Allotment Process for B.Sc. Nursing Course, for the academic year 2025-26 itself, in case the 4^th respondent Indian Nursing Council fails to issue suitability certificate for the enhanced annual intake. The order dated 24.11.2025 of the learned Single Judge, whereby the interim order was declined, reads thus;

“Although learned counsel for the petitioner contends that Regulation 15 of the Indian Nursing Council (Minimum Pre- Requisites for Granting Suitability to Nursing Programs) does not interdict second inspection for the purpose of enhancement of seats, having carefully perused the Regulation, I find more merit in the contention of the learned counsel for the INC that there can only be one inspection in an Academic Year. The words “only one application/proposal shall be accepted, in one Academic Year” in Regulation 15 are not intended to provide for more than one inspection in an Academic Year.

2. In the case at hand, inspection was conducted and deficiencies noted. The petitioner claims that the noted deficiencies have been cleared and hence, the INC should be directed to issue Suitability Certificate for the enhanced seats.

3. In the face of Regulation 15 read with 13 of the INC Act, it is impossible to grant the said relief. The interim order is hence declined.”

4. Feeling aggrieved by the order dated 24.11.2025 of the learned Single Judge in W.P.(C)No.40066 of 2025, the appellant- petitioner is before this Court in this writ appea