[Cites 2, Cited by 0]
Kerala High Court
Lilac College Of Nursing, Represented ... vs State Of Kerala on 8 December, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:94975
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
RP NO. 1658 OF 2025
AGAINST THE JUDGMENT DATED 18.11.2025 IN WP(C) NO.39062 OF
2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER:
LILAC COLLEGE OF NURSING, REPRESENTED BY ITS EXECUTIVE
TRUSTEE, BIBIN M B
AGED 40 YEARS
ESTABLISHED BY SABINE EDUCATIONAL TRUST, A PUBLIC
CHARITABLE TRUST, BTRRA 36, BT RENADIVE ROAD, NEAR
METRO PILLAR 442, EDAPALLY, ERNAKULAM - 682042, HAVING
ITS REGISTERED ADDRESS AT BUILDING NO. XIV/111, PAIPRA
GRAMA PANCHAYATH, PEZHAKKAPPILLI PO, MUVATTUPUZHA,
ERNAKULAM, PIN - 686673
BY ADVS.
SHRI. AKASH S.
SMT.SONIYA S.
SHRI. GIRISH KUMAR M S
SMT.RICHU THERESA ROBERT
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY, 8TH FLOOR, NBCC CENTRE,
PLOT NO.2, COMMUNITY CENTRE, OKHLA PHASE - I, NEW
DELHI, PIN - 110020
2025:KER:94975
R.P. No.1658 of 2025
2
3 LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
REPRESENTED BY THE DIRECTOR, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
DR. ABRAHAM. P. ,MEACHINKARA, SC. SMT. SHAMEENA
SALAHUDHEEN, SC. SRI. P.S. APPU, GP.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
08.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:94975
R.P. No.1658 of 2025
3
ORDER
Dated this the 8th day of December, 2025
This review petition is filed mainly on the
ground that the finding in the judgment regarding the
necessity of obtaining Suitability Certificate as a
pre-requisite for grant of Letter of Permission by the
Government, is erroneous.
2. Learned Senior Counsel appearing for the
petitioner relies on the Full Bench decision in
Velayudhan Memorial Trust v. State of Kerala
[2013 (3) KLT 367], particularly paragraph 22 therein,
to contend that the authority of the Indian Nursing
Council (INC) is limited to the establishment of
standards of education which includes prescribing the
2025:KER:94975
syllabus, norms of training, infrastructure for
conducting the courses etc. and it is for the State
Nursing Council to conduct inspection and ensure that
those parameters are satisfied. It is the further
contention of the learned Senior Counsel that, even
going by Regulation 4 of the Indian Nursing Council
(Minimum Pre-requisites For Granting Suitability To
Nursing Programs) Regulations, 2020, Suitability
Certificate from the Indian Nursing Council is not a pre-
requisite and need be applied for only within six months
of obtaining recognition from the State Nursing Council.
3. Learned Standing Counsel for the INC
contends that going by Section 13 of the Indian Nursing
Council Act, 1947, the Regulations as well as the
Guidelines issued by the INC, Suitability Certificate is
essential for commencing B.Sc.Nursing course.
2025:KER:94975
4. Learned Government Pleader submits that the
No Objection Certificate issued by the Government
contains a specific condition that Suitability Certificate
of the INC should be obtained.
5. In reply, learned Senior Counsel contended
that, executive orders issued by the Government cannot
override the prescription contained in the Regulations.
6. The contention that Suitability Certificate of
the INC is not required having not been urged earlier,
the prayer for review based on that ground cannot be
countenanced. The contention that Suitability
Certificate from the INC is not a pre-requisite, though
raised earlier, was repelled on finding that the petitioner
had applied for Suitability Certificate and the ground
was raised only when deficiencies were noted by the
INC inspection team. Being so, if the contention is
considered again, that will amount to rehearing of the
2025:KER:94975
writ petition, which is not permissible in review
jurisdiction.
For the aforementioned reasons, the review
petition is dismissed.
Sd/-
V.G.ARUN
JUDGE
SSK/08/12
2025:KER:94975
APPENDIX OF RP NO. 1658 OF 2025
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE NOTIFICATION PROVIDING THE
GUIDELINES AND MINIMUM REQUIREMENTS TO
ESTABLISH B.SC. (N) COLLEGE OF NURSING,
PUBLISHED BY THE 2ND RESPONDENT, IN THEIR
WEBSITE, DATED NIL,
Annexure II TRUE COPY OF THE INSPECTION REPORT, SENT BY
LETTER BEARING FILE NUMBER 18-16/17009-INC
ISSUED BY THE 2ND RESPONDENT TO THE
PRINCIPAL OF THE PETITIONER INSTITUTION
DATED 08.11.2025
Annexure III TRUE COPY OF THE RELEVANT PAGES OF THE
INTIMATION OF THE RECTIFICATION OF
DEFICIENCIES, COMMUNICATED BY THE PRINCIPAL
OF THE PETITIONER INSTITUTION TO THE 2ND
RESPONDENT BY LETTER BEARING NUMBER
LCON/ADMIN/2025/00301 DATED 24.11.2025
