[Cites 22, Cited by 0]
Kerala High Court
Karnataka State Association Of The ... vs State Of Kerala on 10 February, 2026
Author: N. Nagaresh
Bench: N.Nagaresh
2026:KER:11187
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 24830 OF 2025
PETITIONER:
KARNATAKA STATE ASSOCIATION OF THE MANAGEMENT OF
NURSING & ALLIED HEALTH SCIENCE INSTITUTION
REPRESENTED BY ITS PRESIDENT,
K.VENKATAGIRI, AGED 48 YEARS,
O/A NO.07, OPPOSITE UNITY LIFELINE HOSPITAL,
1ST BLOCK, 2ND STAGE, NAGAR BHAVI,
BENGULURU, PIN - 560072.
BY ADVS.
SRI.RAJESH VIJAYAN
SMT.SIKHA S.NAIR
SMT.JUBAIRIYA T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HEALTH,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001.
2 THE INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-1,
NEW DELHI, REPRESENTED BY ITS PRESIDENT UNDER
INDIAN NURSING COUNCIL ACT, 1947, PIN - 110002.
2026:KER:11187
W.P.(C) No.24830/2025
:2:
3 KERALA NURSES & MIDWIVES COUNCIL
REPRESENTED BY ITS REGISTRAR,
HAVING OFFICE AT FWXR+RJ4, REDCROSS ROAD,
JAI VIHAR, KUNNUKUZHI, THIRUVANANTHAPURAM.,
PIN - 695035.
4 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF FINANCE,
DEPARTMENT OF EXPENDITURE,
ROOM NO.76, NEW DELHI, PIN - 110001.
* ADDL.5 MR.MUJABIR
S/O.MR.MUTHUKOYA.T.P.,
RESIDING AT THOTTOLI HOUSE,
KILTAN ISLAND P.O., UT OF LAKSHADWEEP
PIN - 682 558.
(ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 07.10.2025 IN IA. NO.1/2025)
BY ADVS.
DR.ABRAHAM P.MEACHINKARA, STANDING COUNSEL
SRI.VIVEK MENON
SMT.MINI V.MENON, CGC
SRI.S.K.SAJU
SRI.N.RAGHURAJ (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2025, THE COURT ON 10.02.2026
DELIVERED THE FOLLOWING:
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W.P.(C) No.24830/2025
:3:
CR
N. NAGARESH, J.
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W.P.(C) No.24830 of 2025
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Dated this the 10th day of February, 2026
JUDGMENT
~~~~~~~~~
The Karnataka State Association of the
Management of Nursing and Allied Health Science Institution
is the petitioner. The petitioner states that several students,
who completed B.Sc Nursing from the Nursing Colleges of
Karnataka, are not being allowed to register as Nurses in the
State of Kerala for the reason that Indian Nursing Council has
not given recognition to the Institutions conducting B.Sc
Nursing Courses in Karnataka, who are members of the
petitioner-Association.
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2. The petitioner states that the Indian Nursing
Council cannot insist that the Institutions are recognised by
them. The Institutions are registered and recognised by the
Karnataka State Nursing Council. Any Degree of Nursing
granted by any College in the Country affiliated to respective
State Nursing Council should be recognised.
3. The Apex Court has held in Private Nursing
Schools and Colleges Management Association v. The Indian
Nursing Council and others [Civil Appeal Nos.12759 - 12761
of 2017] that it is the State Government which has power to
grant recognition. The Indian Nursing Council has no
authority to grant recognition.
4. The Rajiv Gandhi University of Health
Sciences, Karnataka has issued a clarification that the State
Nursing Council cannot insist the grant of recognition by the
Indian Nursing Council. The Kerala Nursing Council is still
insisting for recognition of Indian Nursing Council. The
petitioner therefore seeks to direct the 3rd respondent-Kerala
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Nurses and Midwives Council not to insist on the grant of
recognition of the Institution under the petitioner-Association
from the Indian Nursing Council for grant of reciprocal
registration to the students of the Institutions run by the
members of the petitioner-Association.
5. The 2nd respondent-Indian Nursing Council
opposed the writ petition. The Indian Nursing Council has
issued the Indian Nursing Council (Minimum Pre-requisite for
granting suitability to Nursing Programs) Regulations, 2020.
The Regulations, 2020 are binding on all concerned. As per
the Regulations, the Indian Nursing Council can grant
Suitability to Nursing Institutions.
6. Many State Nursing Councils insist that
reciprocal registration would be allowed only in cases where
the student has passed Nursing Course from an Institution
which is found suitable by the Indian Nursing Council. Grant
of Suitability by the Indian Nursing Council guarantees that
the student passing out of such Educational Institutions are
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having the requisite standards of passing the Course.
7. The 3rd respondent-Kerala Nursing and
Midwives Council also filed a counter affidavit. The
Government of Kerala has issued Ext.R3(a) Guidelines dated
17.02.2012 to maintain the quality of education and standard
of Nursing Institutions. As per Ext.R3(a), the Institution
intending to start Nursing College has to obtain approval of
the Indian Nursing Council and the approval of the Kerala
University of Health Sciences. In the light of Ext.R3(a), the 3rd
respondent, after due deliberations, has taken a policy
decision to insist for Approval / Suitability Certificate of the
Indian Nursing Council as a condition precedent to entertain
the applications for registration submitted by the students who
had secured nursing qualifications from those Institutions
outside the State of Kerala.
8. Section 13 of the Indian Nursing Council Act,
1947 empowers the 2nd respondent to conduct inspection of
any Institution recognised as a training institution for nursing.
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The Inspectors appointed by the 2nd respondent-Council has
the power to inspect any Institution and to submit a report
regarding the "suitability of the institution" for training, the
adequacy of training and on the sufficiency of the
examinations. Further, Section 14 of the Central Act
empowers the 2nd respondent-Council to declare the
qualifications granted by such Institution is valid only before a
specific date. The 2nd respondent is competent to declare the
suitability of a Nursing Institution.
9. Section 16 of the Central Act empowers the
2nd respondent-Council to make regulations to carry out the
provisions of the Act. By virtue of the power conferred by
Section 16 of the Central Act, the 2 nd respondent-Council has
made the Indian Nursing Council (Minimum Pre-requisites for
Granting Suitability of Nursing Programmes) Regulations,
2020. The Regulations inter alia lays down the criteria for
commencing nursing programme by any of the Institutions
mentioned in Regulation 4 of the same. Regulation 4(v)
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confers authority on the 2 nd respondent-Council to inspect
such Institution to assess its suitability. The 2 nd respondent is
competent to issue Suitability Certificate to Institutions after
due inspection. Suitability Certificate will be issued by the 2 nd
respondent-Council only if such Institution satisfies the criteria
prescribed in the Regulations for starting/running a Nursing
Institution. It is submitted that the 3 rd respondent-Council
insists for such Suitability Certificate to ensure that the
Nursing Institutions from the other States possess the
requisite facilities mentioned in the Regulations.
10. Apart from the Regulations referred to
above, the 2nd respondent has also published detailed
guidelines which envisages the approval of the 2 nd
respondent-Council as a pre-requisite for starting a nursing
programme in any State. Considering the importance of
nursing education in the country and abroad, the 3 rd
respondent-Council, in its wisdom, has resolved to insist that
Nursing Institution of other States should have obtained
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Suitability Certificate from 2nd respondent-Council. There is
nothing illegal or arbitrary in imposing such condition in public
interest, to ensure the quality of the nurses practising in the
State.
11. I have heard the learned counsel for the
petitioner, the learned Government Pleader appearing for the
1st respondent, the learned Central Government Counsel
representing the 4th respondent and the respective learned
Standing Counsel appearing for respondents 2 and 3.
12. The question arising for consideration is
whether the students of the petitioner who have completed
B.Sc Nursing from the Nursing Colleges of Karnataka can be
refused registration as Nurses in the State of Kerala by the
State Nursing Council for want of recognition / Suitability
Certificate to the Institutions where they have undergone B.Sc
Nursing Courses in Karnataka.
13. The Indian Nursing Council Act, 1947 has
been enacted by the Union Legislature to constitute an Indian
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Nursing Council in order to establish a uniform standard of
training for Nurses, Midwives and Health Visitors. Section 10
of the Act empowers the Indian Nursing Council to declare as
to which are the recognised qualifications for the purpose of
the Act. Section 10 provides that the qualifications included in
Part I of the Schedule shall be recognised qualifications and
the qualifications included in Part II of the Schedule shall be
recognised higher qualifications.
14. As per Section 11 of the Act, 1947,
notwithstanding anything contained in any other law, any
recognised qualification shall be a sufficient qualification for
enrollment in any State Register. Section 12 empowers the
Indian Nursing Council to require State authorities to furnish
information required by the Indian Nursing Council as to the
courses of study and training and examinations to be
undergone by the students.
15. Section 13 empowers the Executive
Committee of the Council to appoint Inspectors to inspect any
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Institution recognised as a training Institution and to attend
examinations held for the purpose of granting any recognised
qualification or recognised higher qualification. The duty of
the Inspectors so appointed is to submit report to the
Executive Committee on the suitability of the Institution for the
purposes of training and on the adequacy of training therein
or on the sufficiency of the examinations. The Executive
Committee shall forward a copy of such report with remarks if
any to the authority or Institution concerned, to the Central
Government, to the State Government, and the State Council.
The Indian Nursing Council has power to withdraw recognition
granted to Institutions.
16. Section 16(1), which provides for power to
make regulations, reads as follows:
16. Power to make regulations --
(1) The Council may make regulations not
inconsistent with this Act generally to carry out the
provisions of this Act, and in particular and without
prejudice to the generality of the foregoing powers,
such regulations may provide for--
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(a) the management of the property of the
Council and the maintenance and audit of its
accounts;
(b) the manner in which elections referred
to in sub-section (2) of section 5 and in clause (a) of
sub-section (2) of section 8 shall be conducted;
(c) the summoning and holding of the
meetings of the Council, the times and places at
which such meetings shall be held, the conduct of
business thereat and the number of members
necessary to constitute a quorum;
(d) prescribing the functions of the
Executive Committee, the summoning and holding
of meetings thereof, the times and places at which
such meetings shall be held, and the number of
members necessary to constitute a quorum;
(e) prescribing the powers and duties of
the President and the Vice-President;
(f) prescribing the tenure of office and the
powers and duties of the Secretary and other
officers and servants of the Council;
(ff) prescribing the powers and duties of
inspectors;
(g) prescribing the standard curricula for
the training of nurses, midwives and health visitors,
for training courses for teachers of nurses, midwives
and health visitors, and for training in nursing
administration;
(h) prescribing the conditions for
admission to courses of training as aforesaid;
(i) prescribing the standards of
examination and other requirements to be satisfied
to secure for qualifications recognition under this
Act;
(j) any other matter which is to be or may
be prescribed under this Act.
17. The function of the Nursing Council is thus
mainly concerned with the recognition of qualifications, for the
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purpose of enrollment in the State Register. The Act also
enables the Central Council to derecognsie any recognised
qualification awarded by any authority in view of the
provisions contained in Section 14. As far as Nursing
Educational Institutions are concerned, the power of the
Central Council in the light of Section 14(1)(b) read with sub-
section (3)(b), is limited to derecognising the qualifications
obtained from such Institutions in other States.
18. As the Central Council has a duty to
maintain the standards of nursing education, the Central
Council may prescribe the physical and clinical facilities that
may be provided in an Institution. The same is only for the
purpose of deciding whether the training imparted in the
Institution is up to the mark to enjoy the recognition for the
qualification awarded pursuant to the training. However,
recognition or approval of Institutions is essentially the
functions of the State Nursing Council. As far as the
Institutions from which the petitioners' students have obtained
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qualifications, no one has a case that those Institutions are
not recognised by the Karnataka State Nursing Council.
19. Still, for the purpose of registration, the
Kerala Nurses and Midwives Council is insisting for
production of Suitability Certificate in respect of the
Educational Institutions concerned from the Indian Nursing
Council. The Kerala Nurses and Midwives Council is
constituted and functioning under the Nurses and Midwives
Act, 1953. The Act is intended for registration and training of
Nurses, Midwives, Health Visitors and auxiliary
Nurses/Midwives in the State of Kerala. Section 20 of the
Act, 1953 provides for eligibility conditions for registration.
20. Section 20 of the Nurses and Midwives Act,
1953 reads as follows:
20. Eligibility for Registration -
(1) Subject to the provisions of sub-sections
(2) and (3) -
(i) every person who has undergone such
course of training and passed such examination as
may be prescribed by rules for the purpose of
conferring a right of registration as a "nurse,
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midwife, auxiliary nurse-midwife or health visitor"
under this Act; and
"(ii) every person who, within the period
of one year or such other longer period as may be
fixed by the Government, from the date of
commencement of the Nurses and Midwives
(Amendment) Act, 1964, proves that he had been
in regular practice as a nurse or midwife, for a
period of not less than three years preceding the
first day of April, 1964, shall be eligible for
registration under this Act:
Provided that no nurse or midwife shall
be registered under clause (ii) after the expiration
of one year or such other longer period as may be
fixed by the Government from the date on which
the Nurses and Midwives (Amendment) Act, 1964,
comes into force."
(2) Applicants for registration under clause
(ii) of sub-section (1) shall produce a certificate in
the form prescribed by rules. The certificate shall
be from a registered practitioner or the Tahsildar of
the Taluk.
(3) No person shall be eligible for registration
under sub-section (1) if he is subject to any of the
disqualifications mentioned in clauses (a) to (d) of
Section 6.
21. Section 21 provides that an application for
registration under Section 20 shall be in the prescribed form
and shall be accompanied by the prescribed fee. Section 22
provides for admission of persons registered in any State in
India, to the Register maintained by Kerala Nurses and
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Midwives Council. The Act, 1953 does not provide for
production of Suitability Certificate from the Indian Nursing
Council.
22. The Suitability Certificate demanded by the
State Council is governed by the Indian Nursing Council
(Revised Regulations and Curriculum for B.Sc (Nursing)
Programme) Regulations, 2020 framed by the Indian Nursing
Council. Regulation V of the Regulations, 2020 gives the
guidelines regarding minimum pre-requisite for granting
Suitability for B.Sc (Nursing) College of Nursing. Clause 5 of
Regulation V provides as follows:
5. The Council shall after receipt of the above
documents/proposal by online, would then conduct
Statutory Inspection of the recognized training
nursing institution under Section 13 of the Act in
order to assess the suitability with regard to
availability of Teaching faculty, Clinical and
Infrastructural facilities in conformity with
Regulations framed under the provisions of the Act.
23. Issuance of Suitability Certificate therefore is
a consequence of statutory inspection conducted by the
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Indian Nursing Council, which is intended to assess the
suitability with regard to availability of teaching faculty, clinical
and infrastructural facility in conformity with the Regulations
framed under the provisions of the Act. Once the Indian
Nursing Council conducts statutory inspection and certifies
Suitability in respect of an Institution and the
qualifications/certificates issued by those Institutions are
treated as recognised qualification and recognised higher
qualification and is included in the Schedule to the Indian
Nursing Council Act, 1947, the State Council will not be
justified in insisting from the students Suitability Certificates in
respect of Institutions functioning in other States, for
registration as Nurses in the Kerala State.
24. Section 10 of the Indian Nursing Council Act,
1947 declares that the qualifications included in Part I of the
Schedule shall be recognised qualifications and the
qualifications included in Part II of the Schedule shall be
recognised higher qualifications. The B.Sc Nursing
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qualification, which is a higher qualification issued by the
Rajiv Gandhi University of Health Sciences, Bangalore, to
which the Institutions concerned with the students of the
petitioner are affiliated to, is included as serial No.39 in Part II
of the Schedule to the Indian Nursing Council Act, 1947.
Once the recognised qualifications are included in the
Schedule to the Act, 1947, no authority can doubt the validity
of such qualification, since Section 10 of the Act, 1947
mandates that such qualification / higher qualification shall be
recognised.
25. A similar issue came up for consideration in
W.P.No.28043/2024 of the Hon'ble High Court of Karnataka.
The Hon'ble High Court of Karnataka held that once a citizen
of India is qualified and has been conferred a Degree, that
Degree would be valid across the country, which has to be
recognised by every Institution. Any Nursing Council across
the country will have to consider and act upon a Degree
conferred in another State, on account of the education being
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completed in a College recognised by the Nursing Council of
that State.
26. For all the afore reasons, I find that the
action of the 3rd respondent-Kerala Nurses and Midwives
Council insisting for recognition / Suitability Certificate of the
Indian Nursing Council in respect of the Educational
Institution where the students of the member-Institutions of
the petitioner have undergone studies, is illegal and arbitrary.
The 3rd respondent is directed to register the students, who
completed Courses of Nursing from the Institutions run by the
members of the petitioner-Association within Karnataka State
and allow them to practice as Nurses, as long as their
qualification is included in the Schedule to the Indian Nursing
Council Act, 1947.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/07.02.2026
2026:KER:11187
APPENDIX OF WP(C) NO. 24830 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN CIVIL
APPEAL NOS. 12759-12761 OF 2017
ARISING OUT OF S.L.P. (CIVIL) NOS.
23346-23348 OF 2017 DATED 11.09.2017
OF THE HON'BLE SUPREME COURT OF INDIA.
Exhibit P2 TRUE COPY OF THE NEWS ITEM PUBLISHED
BY THE DESHABHIMANI DAILY DATED
18.06.2025.
Exhibit P3 TRUE COPY OF THE CLARIFICATION LETTER
ISSUED BY THE RAJEEV GANDHI UNIVERSITY
OF HEALTH SCIENCES, KARNATAKA DATED
09.04.2025.
Exhibit P4 TRUE COPY OF THE PUBLIC NOTICE DATED
01.09.2020 ISSUED BY KARNATAKA STATE
NURSING COUNCIL.
Exhibit P5 TRUE COPY OF THE NOTIFICATION DT.13-
05-2015 '[INDIAN NURSING COUNCIL
(CONDUCT OF BUSINESS) REGULATIONS,
2009].
Exhibit P6 TRUE COPY OF THE NOTIFICATION DT. 29-
11-2017 F. NO. 11-1/2015-INC.
Exhibit P7 TRUE COPY OF THE 'MODEL EDUCATION LOAN
SCHEME FOR PURSUING HIGHER EDUCATION
INDIA AND ABROAD' PUBLISHED BY THE
INDIAN BANKS ASSOCIATION.
Exhibit P8 TRUE COPY OF THE NURSES AND MIDWIVES
ACT, 1953.
2ND RESPONDENT'S EXHIBITS
Exhibit R2 (A) TRUE COPY OF INDIAN NURSING COUNCIL
( MINIMUM PRE- REQUISITES FOR GRANTING
SUITABILITY TO NURSING PROGRAMS)
REGULATIONS 2020 DATED 12.03.2021
Exhibit R2 (B) TRUE COPY OF JUDGEMENT DATED
02.09.2019 IN D.B. SPL.APPL. WRIT NO.
508/2018 OF HON'BLE HIGH COURT OF
2026:KER:11187
JUDICATURE FOR RAJASTHAN AT JODHPUR
Exhibit R2 (C) TRUE COPY OF JUDGEMENT DATED
08.06.2010 IN WA.NO. 796 OF 2010 OF
THIS HON'BLE HIGH COURT OF KERALA
Exhibit R2 (D) COPY OF THE OM DATED 05.02.2019
3RD RESPONDENT'S EXHIBITS
Exhibit R3[a] TRUE PHOTOCOPY OF G.O.(P)NO. 64/2012/H
AND FWD DATED 17.02.2012, ISSUED BY
THE PRINCIPAL SECRETARY TO GOVERNMENT
Exhibit R3[b][i] TRUE PHOTOCOPY OF THE SUITABLE
CERTIFICATE ISSUED BY THE 2ND
RESPONDENT COUNCIL TO THE GOVERNMENT
SCHOOL OF NURSING KOZHIKODE
DATED.1.7.2025
Exhibit R3[b][ii] TRUE PHOTOCOPY OF THE SUITABLE
CERTIFICATE ISSUED BY THE 2ND
RESPONDENT COUNCIL TO THE MOSC COLLEGE
OF NURSING KOLENCHERY DATED.1.7.2025
Exhibit R3(b) TRUE COPY OF THE COMMUNICATION FILE.
(iii) NO.18-1064/2000-INC(87846) DATED
1.7.2025 ISSUED BY THE INDIAN NURSING
COUNCIL
5TH RESPONDENT'S ANNEXURES
Annexure R5(a) TRUE COPY OF THE APPLICATION DATED
27.01.2025 FILED BEFORE THE KERALA
NURSES AND MIDWIVES COUNCIL
RESPONDENT'S EXHIBITS
Exhibit R4[a] TRUE PHOTOCOPY OF THE EMAIL
DATED.28.2.2025 ISSUED BY THE DEPUTY
REGISTRAR OF THE 4TH RESPONDENT
COUNCIL TO THE APPLICANTS
