Suitability certificate from national nursing council, though not mandatorily prior under guidelines, is binding if stipulated in state approvals and institution applies without challenge.

JUDGMENT

Muralee Krishna S., J.

The appellant, who is the petitioner in W.P.(C)No.39062 of 2025, filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the judgment dated 18.11.2025 passed by the learned Single Judge in that writ petition.

2. The appellant filed W.P.(C)No.39062 of 2025 under Article 226 of the Constitution of India , seeking the following reliefs:

“i. Issue a writ in the nature of mandamus directing the 1^st respondent to issue the Letter of Permission (LOP) for the petitioner’s B.Sc. Nursing course with an intake of 60 students for the academic year 2025-26 without awaiting a suitability certificate from the Indian Nursing Council;

ii. Issue a writ in the nature of mandamus directing the 3^rd respondent to include the petitioner’s institution in the second round of allotment of candidates for the B.Sc. Nursing course for the academic year 2025-26;

iii. Declare that the production of a suitability certificate from the 2^nd respondent is not a mandatory precondition for approval of prospectus or issue of LOP, before the commencement of the course, in light of Exts.P10 and P11.”

3. According to the appellant, it is an institution annexed to a 211-bed Super Specialty Hospital in Muvattupuzha and has secured all statutory approvals required to commence a B.Sc. Nursing Course for the academic year 2025-26; the No Objection Certificate from the 1^st respondent, State of Kerala, affiliation from the Kerala University of Health Sciences and the approval from the additional 5^th respondent, the Kerala State Nurses and Midwives Council. As per Ext.P2 order dated 16.10.2024, while issuing the No Objection Certificate to the appellant institution, some conditions are stipulated by the 1^st respondent for commencing the Nursing College. As per the condition No.D(iii), to commence a B.Sc. Nursing Course, the appellant has to obtain a suitability certificate from the 2^nd respondent Indian Nursing Council, apart from recognition from the Kerala State Nurses and Midwives Council, affiliated with the Kerala Health University Sciences and a letter of permission from the 1^st respondent.

3.1 The appellant complied with conditions A to D stipulated in Ext.P2 and also obtained Ext.P3 No Objection Certificate dated 17.06.2025 from the Keala State Nurses and Midwives Council and Ext.P4 order dated 18.10.2025 granting affiliation from the Vice Chancellor of the Kerala University of Health Sciences. Thereafter, the appellant submitted Ext.P5 application dated 29.07.2025 before the 2^nd respondent seeking issuance of a suitability certificate. By Ext.P7 letter dated 31.07.2025, the appellant sought an early inspection to be conducted by the 2^nd respondent. By Ext.P8 letter dated 29.09.2025, the 2^nd respondent sought further details and the information required was duly furnished on 10.10.2025 by Ext.P9 reply.

3.2 In the writ petition, the appellant contended that the approval of the 2^nd respondent is not a prerequisite for starting a nursing course as stipulated in sub-clause (iii) of Clause D of Ext.P2. It is pleaded in the writ petition that by Ext.P10 clarification dated 09.12.2020, this was clarified by the 2^nd respondent, following a litigation before the High Court of Karnataka in W.P.(C)No.25355-57 of 2025, wherein the role of the 2^nd respondent in the matter of granting permission for a nursing programme came up for consideration. It is also the contention of the appellant that the 2^nd respondent issued Ext.P11 Indian Nursing Council (Minimum Prerequisite for Granting Suitability to Nursing Programmes) Regulations, 2020, which mandated that the training institutions shall apply for statutory inspection under Section 13 of the Indian Nursing Council Act, to the 2^nd respondent within six months from the date of obtaining recognition from the State Nurses and Midwives Registration Council. A conjoint reading of Exts.P10 and the Regulations, as well as from the consistent stand taken by the 2^nd respondent bef