Kerala High Court
Sree Anjaneya College Of Nursing vs State Of Kerala on 9 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:66338
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(C) NO. 15010 OF 2025
PETITIONER:
SREE ANJANEYA COLLEGE OF NURSING
MALABAR MEDICAL COLLEGE CAMPUS,
MODAKKALLUR, ATHOLI, KOZHIKODE, PIN - 673315
REPRESENTED BY ITS CHAIRMAN - V. ANIL KUMAR.
BY ADVS.
SRI.S.VINOD BHAT
SMT.ANAGHA LAKSHMY RAMAN
SMT.V.NAMITHA
SMT.GITANJALI SADAN PILLAI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 KERALA UNIVERSITY OF HEALTH SCIENCES
THRISSUR, PIN - 680596
REPRESENTED BY ITS REGISTRAR.
3 KERALA STATE NURSES AND MIDWIVES COUNCIL
RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY,
THIRUVANANTHAPURAM, PIN - 695035
REPRESENTED BY ITS REGISTRAR.
4 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
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W.P.(C) No.15010/2025
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OKHLA PHASE-I, NEW DELHI, PIN - 110020
REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.BINNY THOMAS, STANDING COUNSEL
DR.ABRAHAM P.MEACHINKARA, STANDING COUNSEL
SRI.VIVEK MENON, STANDING COUNSEL
SRI.DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.08.2025 AND THE COURT ON 09.09.2025 DELIVERED THE
FOLLOWING:
2025:KER:66338
W.P.(C) No.15010/2025
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N. NAGARESH, J.
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W.P.(C) No.15010 of 2025
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Dated this the 9th day of September, 2025
JUDGMENT
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The petitioner-Nursing College has filed this
writ petition seeking to quash Ext.P14 order and to direct the
1st respondent-State of Kerala to issue NOC to the petitioner
for 150 seats for academic year 2025-2026 within a time
frame.
2. The petitioner is running BSc Nursing
Course. It is recognised by the Government of Kerala, the
Kerala State Nurses and Midwives Council and the Indian
Nursing Council. The petitioner has obtained No Objection
Certificate from the Government and consent of affiliation
from the Kerala University of Health Sciences.
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3. Originally, the intake of BSc Nursing Course
was 40 seats. The intake was enhanced by the respondents
to 60 seats in 2018-2019 and to 80 seats in 2021-2022. The
petitioner states that it has the infrastructural capacity and
amenities for an intake of 100.
4. The petitioner preferred Ext.P1 application
dated 30.01.2023 to the 1st respondent-State for
enhancement of seats to 100. The 1st respondent issued
NOC for 90 seats only as per Ext.P2. Though the petitioner
sough reconsideration of Ext.P2, the request was of no avail.
The 2nd respondent granted provisional affiliation for 90 seats.
5. On 06.03.2024, the 4th respondent-Indian
Nursing Council issued Ext.P7 notification enhancing the
eligibility of institutions / hospitals having equal to or greater
than 500 beds, to have up to 250 seats in the nursing degree.
Under Ext.P7, the petitioner is eligible to have 150 seats. On
31.12.2024, the University issued Ext.P8 notification calling
for fresh application for BSc Nursing Course for the year
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2025-2026. The petitioner submitted Ext.P9 application dated
06.01.2025 to the 1st respondent seeking NOC for 150 seats.
The petitioner also submitted Ext.P10 application to the
University seeking Consent of Affiliation for 150 seats.
6. The 1st respondent issued Ext.P14 order
dated 01.03.2025 rejecting Ext.P9 application. The petitioner
states that Ext.P14 order is illegal and unsustainable.
Ext.P16 inspection report would indicate that infrastructure
and facilities in the petitioner-College are adequate for
catering 150 students. But, in the report, it was stated that the
student-patient ratio of 1:3 could not be maintained by the
petitioner.
7. The petitioner states that the respondents
have not considered additional hospital affiliations of the
petitioner. The petitioner has five affiliated hospitals with total
number of 1216 beds. The petitioner therefore sent Ext.P23
letter to the 1st respondent requesting to issue NOC for 150
seats expeditiously. As Ext.P23 is not positively considered,
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the petitioner has approached this Court for a direction to the
1st respondent to issue NOC for 150 seats.
8. The 1st respondent resisted the writ petition.
The 1st respondent stated that deficiencies were found during
the inspection conducted by the DME on 04.02.2025. It was
found that IP status of the parent institution is insufficient for
the requested seat enhancement. All patients (30) in
Psychiatry Ward were from one Orphanage. They were
admitted in Psychiatry Ward but shown as IP in Medicine
Ward. Ten children admitted in a Pediatric Ward are kept
only for the purpose of inspection as reported by the mothers
of the children to the Inspectors.
9. The 1st respondent stated that as per
Regulation 9 of the Indian Nursing Council (Revised
Regulations and Curriculum for BSc Nursing Program)
Regulations, 2020, maximum of 100 seats will be sanctioned
for the BSc (Nursing) Program for which institute must have
parent medical college or parent hospital having 300 beds or
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above, subject to teaching and physical facilities.
10. The petitioner's institution is seen affiliated to
six other hospitals for clinical training in respect of certain
specific specialities. The hospital has a bed strength of 90 in
the speciality of "Pediatrics". The required bed strength for an
intake of 60 students is 30. The bed strength is sufficient for
an intake of 150 students and the petitioner does not need
affiliation to another hospital. If enhancement is granted to
150 BSc seats, considering the intake of 60 students for the
GNM Course, the total inpatient required is 630. Here, the
inpatient / bed occupancy is only 495, short of maintaining the
required student-patient ratio. The writ petition is therefore
only to be dismissed.
11. The 4th respondent also filed a counter
affidavit. The 4th respondent stated that for the previous
academic year 2024-2025, the 4th respondent conducted
inspection and the institution was found suitable for an intake
of 90 seats for the year 2024-2025. For the year 2025-2026,
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the request for enhancement from 90 to 150 seats is rejected
by the Government.
12. I have heard the learned counsel for the
petitioner and the learned Government Pleader for the 1st
respondent. I have also heard the learned Standing Counsel
appearing for respondents 2 to 4 respectively.
13. The petitioner-College is running B.Sc
Nursing Course with 90 seats intake. On 06.03.2024, the
Indian Nursing Council issued Ext.P7 notification enhancing
the eligibility of institutions/hospitals having equal to or greater
than 500 beds, to have upto 250 seats in the Nursing Degree.
On 31.12.2024, the University issued Ext.P8 notification
calling for application for B.Sc Nursing Course for the year
2025-2026.
14. The petitioner submitted Ext.P9 application
to the 1st respondent-Government seeking NOC for 150 seats.
The Government has issued Ext.P14 order dated 01.03.2025
rejecting Ext.P9 application. The petitioner would submit that
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Ext.P14 rejection order is illegal and unsustainable. The
facilities in the petitioner-College are adequate for catering
150 students. The 1st respondent has taken a stand that the
student-patient ratio of 1:3 could not be maintained by the
petitioner.
15. The petitioner has five affiliated hospitals.
The Government has found that the bed strength of the parent
hospital is 876, but the bed occupancy as on the date of
inspection is 495. During the inspection, the 1st respondent
noted that 30 patients in the Psychiatry Ward were inmates
from an Orphanage in Kannur District and 10 children
admitted in the Pediatric Ward were kept only for the purpose
of inspection. On these premises, the 1st respondent
concluded that actual strength of patients is only 455. There
is a shortage of 175 inpatients for enhancement of B.Sc
Nursing seats upto 150.
16. The fact remains that the petitioner has
entered into arrangement with other hospitals and the
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petitioner has five affiliated hospitals with total number of
1216 beds. Ext.P28 is the inspection report of the Kerala
University of Health Sciences. As per Ext.P28, the bed
strength is reported as 820. Ext.P28 is drawn on 04.04.2025.
17. Ext.P29 is a report of the inspection
conducted by the National Medical Commission on
30.06.20025 at the parent hospital of the petitioner. As per
Ext.P29 inspection report, the total beds reported is 1055 and
the bed occupancy on the date of assessment namely
30.06.2025 is 85%. Ext.P29 report has considered the
percentage of the bed occupancy in the previous three
working days also.
18. The petitioner has produced Ext.P30 report
of inspection carried out by the Kerala Nurses and Midwives
Council on 10.04.2025. As per Ext.P30, the bed occupancy
rate is more than sufficient to grant NOC for 150 seats. When
the three statutory authorities have conducted inspection and
found the bed occupancy is sufficient, the 1st respondent is
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not justified in rejecting the application for NOC on hyper
technical grounds.
19. Ext.P14 order is therefore set aside. The 1st
respondent is directed to reconsider the issue of grant of NOC
to the petitioner for 150 seats of B.Sc Nursing for the
academic year 2025-2026 taking note of Exts.P28 to P30
reports also. Orders shall be passed in this regard within a
period of two weeks.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/02.09.2025
2025:KER:66338
APPENDIX OF WP(C) 15010/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF APPLICATION DATED 31-10-
2023 PREFERRED BY THE PETITIONER TO THE
1ST RESPONDENT
Exhibit P2 A TRUE ORDER DATED 28-01-2024 OF THE 1ST
RESPONDENT ALLOWING ENHANCEMENT OF SEATS
TO 90
Exhibit P3 A TRUE COPY OF THE INSPECTION REPORT
DATED 08-01-2024 SENT BY THE DIRECTOR OF
MEDICAL EDUCATION SENT TO THE 1ST
RESPONDENT
Exhibit P4 TRUE COPY OF ORDER OF PROVISIONAL
AFFILIATION DATED 31-08-2024 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P5 TRUE COPY OF SANCTION ORDER DATED 02-09-
2024 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
Exhibit P6 TRUE COPY OF SUITABILITY CERTIFICATE
DATED 26-10-2024 ISSUED BY 4TH RESPONDENT
TO THE PETITIONER
Exhibit P7 A TRUE COPY OF NOTIFICATION DATED 06-03-
2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P8 A TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION DATED 31-12-2024 ISSUED BY
THE 2ND RESPONDENT
Exhibit P9 A TRUE COPY OF APPLICATION DATED 06-01-
2025 PREFERRED BY THE PETITIONER TO THE
1ST RESPONDENT
Exhibit P10 A TRUE COPY OF LETTER DATED 08-01-2025
WRITTEN BY THE PETITIONER TO THE 2ND
RESPONDENT
Exhibit P11 A TRUE COPY OF THE ORDER DATED 10-01-2025
IN W.P.(C) 1000/2025 OF HIGH COURT OF
KERALA
Exhibit P12 A TRUE COPY OF THE ORDER DATED 27-01-2025
IN W.P.(C) 1000/2025 OF HIGH COURT OF
KERALA
Exhibit P13 A TRUE COPY OF THE ORDER DATED 31-01-2025
IN W.P.(C) 1000/2025 OF HIGH COURT OF
2025:KER:66338
KERALA
Exhibit P14 A TRUE COPY OF ORDER DATED 01-03-2025
BEARING NO. GO (RT) NO.605/2-25/H&FWD
ISSUED BY THE 1ST RESPONDENT
Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 17-03-
2025 IN W.P.(C) 1000/2025 OF HIGH COURT
OF KERALA
Exhibit P16 A TRUE COPY OF THE INSPECTION REPORT
DATED 14-02-2025 IN THIS REGARD (WITHOUT
ANNEXURES), SENT BY THE DIRECTOR OF
MEDICAL EDUCATION TO THE 1ST RESPONDENT
Exhibit P17 TRUE COPY OF ORDER DATED 31-12-2024 OF
THE DISTRICT PROGRAM MANAGER, KOZHIKODE
Exhibit P18 TRUE COPY OF ORDER DATED 02-02-2025 OF
KOZHIKODE DISTRICT MEDICAL OFFICER
Exhibit P19 TRUE COPY OF ORDER DATED 15-02-2025 OF
DISTRICT PROGRAM MANAGER, KOZHIKODE
Exhibit P20 TRUE COPY OF LETTER DATED 03-02-2025 OF
SUPERINTENDENT, GOVERNMENT WOMEN AND
CHILDREN HOSPITAL, KOZHIKODE
Exhibit P21 TRUE COPY OF MEMORANDUM OF UNDERSTANDING
DATED 17-07-2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P22 TRUE COPY OF MEMORANDUM OF UNDERSTANDING
DATED 20-02-2025 ISSUED BY THE 2ND
RESPONDENT
Exhibit P23 A TRUE COPY OF LETTER DATED 07-04-2025
WRITTEN BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P24 A TRUE COPY OF THE APPLICATION DATED 15-
01-2025 PREFERRED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT PURSUANT TO
EXT.P11 ORDER
Exhibit P26 TRUE COPY OF A TABULAR COLUMN SHOWING THE
OUT-PATIENT AND INPATIENT DETAILS FROM
01-01-2025 TO 30-06-2025 PREPARED ON THE
BASIS OF THE REGISTER MAINTAINED BY THE
PETITIONERS
Exhibit P27 TRUE COPY OF INSPECTION PROFORMA FOR
B.SC. NURSING OF THE INDIAN NURSING
COUNCIL
Exhibit P25 TRUE COPY OF GOVERNMENT ORDER DATED
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11.10.2011 OF THE 1ST RESPONDENT (WITH
TYPED COPY)
Exhibit P28 TRUE COPY OF THE RELEVANT PAGES OF
INSPECTION PROFORMA SUBMITTED BY THE
INSPECTORS OF THE 2ND RESPONDENT AFTER
INSPECTION ON 04-04-2025
Exhibit P29 TRUE COPY OF RELEVANT PAGES OF THE
INSPECTION REPORT OF THE NATIONAL MEDICAL
COMMISSION DATED 30-06-2025
Exhibit P30 TRUE COPY OF REPORT OF 3RD RESPONDENT
DATED 10-04-2025 OBTAINED UNDER RIGHT TO
INFORMATION ACT ON 01-08-2025
RESPONDENTS' EXHIBITS
Exhibit R4(B) TRUE COPY OF THE NOTIFICATIONS DATED
06.03.2024 AND 27.12.2024
Exhibit R4(A) THE RELEVANT EXTRACT OF THE LATEST
REGULATIONS FRAMED I.E. REGULATION[INDIAN
NURSING COUNCIL(MINIMUM PRE-REQUISITESFOR
GRANTING SUITABILITY TO NURSING
PROGRAMS)REGULATIONS,2020].
