Enforce Note iv, Regulation 5D of INC Regulations 2020 for Teachers' Salaries in Private Nursing Colleges: Kerala High Court

Kerala High Court Orders State and Indian Nursing Council to Enforce Fair Pay for Private Nursing College Teachers

ERNAKULAM: In a significant ruling addressing the grievances of teaching staff in private nursing colleges, the Kerala High Court has directed the State Government and the Indian Nursing Council (INC) to ensure the implementation of mandatory salary regulations. Justice D.K. Singh, presiding over the case, affirmed that private institutions are bound by law to pay their faculty salaries on par with their counterparts in government colleges or as per UGC scales.

The Court's decision came in response to a writ petition filed by the Kerala State United Nurses Association Teachers Association, which highlighted the widespread non-compliance of private nursing colleges with the INC's pay-scale mandates.

Background of the Grievance

The petitioner, an association representing teachers in private nursing colleges across Kerala, brought to the court's attention that its members were being paid a "pittance." Their core argument rested on Note iv of Regulation 5D of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations, 2020. This regulation explicitly states that the salary of teaching faculty in private nursing colleges "should not be less than what is admissible in the Colleges of Nursing under State/Central Government or as per the UGC scales."

The association argued that despite raising this issue with the relevant authorities, no effective measures had been taken to enforce this binding provision, leaving educators underpaid and their rights unprotected.

Court's Rationale: Regulations are Binding

The High Court observed that the 2020 Regulations framed by the Indian Nursing Council have not been challenged and are, therefore, legally binding on all nursing colleges. Justice D.K. Singh noted that it is the fundamental duty of the State Government and statutory bodies like the INC to ensure these regulations are followed.

In a key excerpt from the judgment, the court stated:

> "If private nursing colleges are not implementing the mandate of the Indian Nursing Council... Regulations 2020, it is the duty of the State Government and the statutory body i.e., the Indian Nursing Council to ensure the implementation... If any private nursing college is not implementing the Indian Nursing Council... Regulations 2020, punitive action of de-recognition, etc, must be taken against such nursing college."

Finding the petitioner's grievance to be "bona fide and justified," the court decided to intervene decisively to enforce the law.

Final Decision and Directives

The Kerala High Court closed the writ petition by issuing a series of clear and actionable directives aimed at ensuring compliance:

• Show Cause Notices: The State Government is directed to immediately issue show-cause notices to all private nursing colleges for failing to implement the salary regulations outlined in Note iv of Regulation 5D.
• Report and Recommendations: After reviewing the responses from the colleges, the State Government must prepare a comprehensive report with recommendations for action against each erring institution and submit it to the Indian Nursing Council.
• Action by INC: The Indian Nursing Council is mandated to act upon the State Government's recommendations and take appropriate punitive measures, including potential de-recognition, against non-compliant colleges.

This judgment establishes a clear enforcement mechanism and reinforces the authority of the Indian Nursing Council's regulations, providing a significant victory for teaching professionals in the private nursing education sector in their fight for pay parity.