Citation : 2026 Latest Caselaw 773 Ker
Judgement Date : 27 January, 2026
W.A.No.61 of 2026 1 2026:KER:2816
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WA NO. 61 OF 2026
AGAINST THE JUDGMENT DATED 17.12.2025 IN WP(C) NO.40066 OF
2025 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
CHITRA COLLEGE OF NURSING
CHITRA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH
CENTRE, CHITRA MULTISPECIALITY HOSPITAL COMPLEX,
M.C.ROAD, PANDALAM, PATHANAMTHITTA DISTRICT.
REPRESENTED BY ITS PRINCIPAL, PROF. ALEXIE ALEX,
AGED 50 YEARS, D/O ALEXANDER MATHEW, SANKARATHIL,
KIZHAKKUPURAM P.O., KUMBAZHA,
PATHANAMTHITTA DISTRICT, PIN - 689653
BY ADVS.
SRI. GEORGE POONTHOTTAM, SR. COUNSEL
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SHRI.AKASH JOSHI
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.SHEHROON PATEL A.K.
SHRI.ISSAC MELVIN B.O.
SHRI.ALVIN JOSEPH
RESPONDENT(S)/RESPONDENTS & ADDL. 5TH RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001
W.A.No.61 of 2026 2 2026:KER:2816
2 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS)
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR, THRISSUR DISTRICT, PIN - 680596
3 KERALA NURSES AND MIDWIVES COUNCIL
REPRESENTED BY ITS REGISTRAR, KNMC RED CROSS ROAD,
JAI VIHAR, KUNNUKUZHY,
THIRUVANANTHAPURAM DISTRICT., PIN - 695035
4 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTER, PLOT NO.2,
COMMUNITY CENTER, OKHLA PHASE 1, NEW DELHI.
REPRESENTED BY ITS REGISTRAR, PIN - 110020
5 LBS CENTRE FOR SCIENCE AND TECHNOLOGY
REPRESENTED BY ITS DIRECTOR, EXTRA POLICE ROAD,
NADAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SHRI.P.SREEKUMAR (SR.)
SMT. NISHA BOSE, SR. GP
SRI. S. GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES (KUHS)
SRI. VIVEK MENON, SC, KERALA NURSES AND MIDWIVES
COUNCIL
DR. ABRAHAM P. MEACHINKARA, SC, INDIAN NURSING COUNSEL
SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE
AND TECHNOLOGY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.01.2026,
THE COURT ON 27.01.2026 DELIVERED THE FOLLOWING:
W.A.No.61 of 2026 3 2026:KER:2816
JUDGMENT
Muralee Krishna S., J.
The appellant, who is the petitioner in W.P.(C)No.40066 of
2025, filed this writ appeal under Section 5(i) of the Kerala High
Court Act, 1958, challenging the judgment dated 17.12.2025
passed by the learned Single Judge, whereby W.P.(C)No.40066 of
2025 as well as W.P.(C)No.33806 of 2025 filed by another school
of nursing were dismissed.
2. According to the appellant-writ petitioner, the said
college started in the year 2010 under the Chitra Multi-specialty
Hospital, Pathanamthitta, which commenced functioning in the year
1993. The appellant college offers undergraduate and postgraduate
programs in nursing, including B.Sc. Nursing, M.Sc. Nursing (with
specializations like Medical Surgical, Pediatrics and Obstetrics and
Gynaecology Nursing) and the G.N.M. (General Nursing and
Midwifery) diploma. The appellant further pleads that it has been
offering B.Sc. Nursing course for several years, with an intake of
40 seats. The infrastructure of the parent hospital and the college
was enhanced, now making it possible for the intake of more
students to the B.Sc. Nursing course. Accordingly, on 10.06.2024,
the Chairman of the Chitra Institute of Medical Sciences and W.A.No.61 of 2026 4 2026:KER:2816
Research Centre submitted a representation before the 1st
respondent, State of Kerala, for the enhancement of seats from 40
to 75 for the academic year 2025-26. After due verification of the
infrastructure and faculty requirements, the 1st respondent issued
Ext.P1 order dated 29.10.2024, granting No Objection Certificate
(NOC) for the enhancement of seats for B.Sc. Nursing from 40 to
60 seats in the appellant college with certain conditions, including
a condition that students should be admitted to the increased seats
only after obtaining recognition from the Kerala Nursing Council
and affiliation from the Kerala University of Health Sciences (KUHS)
and a suitability certificate from the Indian Nursing Council (INC).
The copy of the said order of the 1st respondent dated 29.10.2024
is produced as Ext.P1 in the writ petition.
2.1 To comply with the conditions in Ext.P1 order, the
Principal of the appellant college sent two representations dated
02.11.2024 and 04.01.2025, respectively, to the 3rd respondent
Kerala Nurses and Midwives Council for affiliation to the sanctioned
enhancement of seats for B.Sc. Nursing from 40 to 60. By Ext.P2
order dated 30.06.2025, the 3rd respondent accorded conditional
affiliation to the appellant college for conducting B.Sc. Nursing
programme with an intake of 60 students for the academic year W.A.No.61 of 2026 5 2026:KER:2816
2025-26. Similarly, the appellant college submitted applications
before the 2nd respondent KUHS and the 4th respondent INC. The
INC submitted a report before its Executive Committee after
inspecting the appellant college. The Executive Committee, after
examining the report, found that the appellant college is suitable
for an intake of only 40 students and informed the same to the
appellant by issuing Ext.P3 letter dated 11.09.2025, however,
stating no reasons or defects for refusing enhancement of the
seats, but only stating that the reason for the denial of additional
20 seats would be informed later.
2.2 The 2nd respondent, KUHS, after considering the
application made by the appellant college, issued Ext.P4 order
dated 04.10.2025, according sanction to grant conditional
provisional affiliation for the enhancement of B.Sc. Nursing seats
from 40 to 60 for the academic year 2025-26. After the issuance of
Ext.P3 letter, the 4th respondent, INC, issued Ext.P5 letter dated
16.10.2025 to the appellant college stating that the college shall
not admit more than the suitable seats, i.e., 40 seats in B.Sc.
Nursing programme for the academic year 2025-26, otherwise the
4th respondent shall initiate action under Section 14 of the Indian
Nursing Council Act ('INC Act' for short). Certain defects are also W.A.No.61 of 2026 6 2026:KER:2816
noted in the college in Ext.P5 letter. After receiving Ext.P5 letter,
the appellant college immediately rectified all the defects pointed
out in that letter, and the Principal of the College submitted a
detailed reply by way of Ext.P6 letter dated 18.10.2025, along with
supporting documents, before the 4th respondent INC.
Subsequently, on 22.10.2025, the INC issued Ext.P7 notification
extending the last date of admission for B.Sc. Nursing programme
till 30.11.2025. However, Ext.P6 reply letter sent by the appellant
college was not considered by the 4th respondent, in spite of curing
all defects noted in Ext.P3 letter. Contending that the inaction on
the part of the 4th respondent, in considering Ext.P6 reply letter,
and to consider the request of the appellant college in granting a
suitability certificate for the enhancement of B.Sc. Nursing seats
from 40 to 60 for the academic year 2025-26, despite curing all the
defects as arbitrary, illegal and unreasonable, the appellant filed
W.P.(C)No.40066 of 2025 under Article 226 of the Constitution of
India, seeking the following reliefs:
"I. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 4th respondent to forthwith conduct inspection of the petitioner college expeditiously; II. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 4th respondent to consider Ext.P6 letter and complete the process of inspection and approval W.A.No.61 of 2026 7 2026:KER:2816
for enhancement of B.Sc. Nursing Programme seats from 40 to 60 for the academic year 2025-26 within a time frame fixed by this Hon'ble Court, before the last date of admission i.e., 30/11/2025;
III. To declare that the petitioner college, having rectified all defects and obtained approval for enhancement of B.Sc. Nursing Programme seats from 40 to 60 for the academic year 2025-26 from respondents 1 to 3, is entitled to have its request for seat enhancement duly considered and approved by the 4th respondent after conducting its inspection; IV. To Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the 4th respondent to issue suitability certificate to the petitioner college for enhancement of B.Sc. Nursing Programme seats from 40 to 60 for the academic year 2025-26."
3. In the writ petition, the appellant has sought an interim
relief by way of a direction against the 4th respondent, INC, to grant
the suitability certificate provisionally to intake 20 more students
to the enhanced capacity of 60 seats and direct the 1st respondent,
State of Kerala, to allow the appellant college to intake 20 more
students from the centralized allotment for B.Sc. Nursing Course in
the academic year 2025-26 itself, in case the 4th respondent, INC,
fails to issue a suitability certificate for the enhanced intake pending
disposal of the writ petition. On 24.11.2025, when the writ petition
came up for admission, the learned Single Judge declined the
interim relief. The order dated 24.11.2025, passed by the learned
Single Judge, read thus:
W.A.No.61 of 2026 8 2026:KER:2816
"Although learned counsel for the petitioner contends that Regulation 15 of the Indian Nursing Council (Minimum Pre- Requisites for Granting Suitability to Nursing Programs) does not interdict second inspection for the purpose of enhancement of seats, having carefully perused the Regulation, I find more merit in the contention of the learned counsel for the INC that there can only be one inspection in an Academic Year. The words "only one application/proposal shall be accepted, in one Academic Year" in Regulation 15 are not intended to provide for more than one inspection in an Academic Year.
2. In the case at hand, inspection was conducted and deficiencies noted. The petitioner claims that the noted deficiencies have been cleared and hence, the INC should be directed to issue Suitability Certificate for the enhanced seats.
3. In the face of Regulation 15 read with 13 of the INC Act, it is impossible to grant the said relief. The interim order is hence declined."
4. Feeling aggrieved by the aforesaid interim order of the
learned Single Judge, the appellant filed W.A.No.2841 of 2025
before this Court. By the judgment dated 28.11.2025, this Court
dismissed that writ appeal, having found no reason to interfere with
the interim order dated 24.11.2025 of the learned Single Judge
whereby the appellant-writ petitioner was declined interim relief. In
the said judgment, this Court found that a reading of the statutory
provisions contained in the Indian Nursing Council (Minimum Pre-
W.A.No.61 of 2026 9 2026:KER:2816 Requisites for Granting Suitability to Nursing Programs)
Regulations, 2020, would make it explicitly clear that for enhancing
the annual intake for B.Sc. Nursing course in the appellant college,
the appellant has to satisfy the minimum pre-requisites for granting
suitability, as per the requirements of the said Regulations. In view
of the provisions contained in Clause 15 of the said Regulations,
inspection for enhancement of seats under Section 13 of the INC
Act shall be conducted only once in an academic year. Therefore,
this Court found that the appellant has no legal right to insist that
another inspection shall be conducted, after the deficiencies are
being cured, so as to seek enhanced annual intake for the academic
year 2025-26 itself.
5. In the judgment dated 28.11.2025 in W. A.No.2841 of
2025, this Court further found that, admittedly, the sanctioned
annual intake for B.Sc. Nursing course in the appellant college has
40 seats. Enhancement of annual intake is legally permissible only
after fulfilling the minimum pre-requisite prescribed in the
Regulations of 2020. Unless and until the Indian Nursing Council
grants suitability for enhancing the annual intake for B.Sc. Nursing
course from 40 to 60 seats on the strength of Exts.P1, P2 and P4,
the appellant cannot admit students in excess of the sanctioned W.A.No.61 of 2026 10 2026:KER:2816
intake of 40 seats for the academic year 2025-26. Therefore, the
learned Single Judge rightly declined the interim relief sought for in
the writ petition, by the order dated 24.11.2025.
6. In the writ petition, on behalf of the 4th respondent, INC,
a counter affidavit dated 10.11.2025 was filed opposing the relief
sought and producing therewith Ext.R4(A) document. Paragraphs
6 to 10 of the counter affidavit read thus:
"6. That it may be relevant to mention here that the concerned above para is on the basis of statutory Regulation No.15 (Enhancement of Seats) of Indian Nursing Council (Minimum pre-requisites for granting suitability to Nursing programs) Regulations, 2020 and therefore cannot be faulted with. Regulation 15 is as follows;
"Inspection for enhancement of seats under section 13 of the Act shall be conducted only once in an Academic year i.e. only one application/proposal shall be accepted, in one academic year. Further SNRC approval is mandatory, for enhancement of seats."
True copy of the extracts of regulation 15 of Indian Nursing Council Notification dated 12th March 2021 is produced and marked as Exhibit R4(A).
7. The sum and substance of the above stipulation in Exhibit P5 letter is that inspection for enhancement of seats is done only once in a year. The above stipulation has been made since Indian Nursing Council has to conduct many statutory inspections all round the year for the purposes of grant of suitability to new institutions, for enhancement of seats, for W.A.No.61 of 2026 11 2026:KER:2816
surprise inspections, inspections on account of giving declarations under section 14 of the Act of 1947 etc. The resources, planning and conduct of inspections all around the country consumes a lot of time and hence the stipulation that in so far as inspections for enhancement of seats are concerned, they are done only once in a year. These being statutory provisions are binding in nature and hence to be followed without fail.
8. That apart Exhibit P5 letter dated 16.10.2025 stated that institution would be inspected on receipt of online compliance letter. Perusal of the deficiencies pointed out (At page 27 of the writ petition) on the basis of inspections conducted would show that the deficiencies are very serious in nature and pertain to the institution being deficient in respect of teaching, clinical and infrastructural facilities. In the absence of rectifying the deficiencies, it would not be possible to conduct a proper B.Sc nursing course with the enhanced intake capacity of 60 seats. Hence the prayer of the petitioner for a declaration that it is permitted to admit 60 students for the present academic year i.e. 2025-2026 without ascertaining the correctness of the statements made would not be just, legal or proper. 9. That in this connection it would be pertinent to mention that the last date of making admission to nursing courses was initially fixed for 31.10.2025. But later on the said date has been extended to 30.11.2025 on the basis of requests received from various quarters. There is heavy workload pressure on the officials of Indian Nursing Council to ensure that the present academic admission session comes to a successful closure on or before the extended date announced. In view W.A.No.61 of 2026 12 2026:KER:2816
of the above situation and in view of the statutory provisions the prayer of the petitioner for arranging inspection for enhanced admission capacity is neither legal or proper.
10. That a perusal of the chronology of events evidenced by the petitioner himself in the synopsis of the case would show that it is on 30.06.2025 that the Kerala Nurses and Midwives Council has approved and sanctioned enhancement of seats in respect of the petitioner institution. Later on the application/proposal of the petitioner institution, effective steps were taken to ensure inspection of the petitioner institution by a team of independent inspectors appointed under section 13 of the Indian Nursing Council Act. On 13- 14.08.2025 the report of the inspectors were placed before the Executive Committee of Indian Nursing Council and thereafter Exhibit P5 letter was issued. Had it not been the deficiencies in the petitioner institution, the petitioner institution could have been granted the enhanced seat approval well before the cut of date for admission. It is submitted that there had been no such delay in considering and processing the case of the petitioner for enhancement as being pointed out repeatedly by the petitioner. As a matter of fact the petitioner institution itself is responsible for not getting approval of enhanced seats since it did not care to ensure that it possess all the necessary teaching, clinical and infrastructural facilites".
7. After hearing both sides and on appreciation of the
materials on record by the impugned common judgment dated
17.12.2025, the learned Single Judge dismissed the writ petition,
however, clarifying that none of the observations in the judgment W.A.No.61 of 2026 13 2026:KER:2816
would preclude the appellant in challenging the Regulations and
Exts.P15 and P17 produced in W.P.(C)No.33806 of 2025. In the
judgment, the learned Single judge further clarified that the
students who joined the petitioner institution in W.P.(C)No.33806
of 2025 for the academic year 2024-25 based on Exts.P8, P10, P11
and P12 shall be entitled to continue and complete their course as
regular students. Being aggrieved by the dismissal of the writ
petition, the appellant has filed the present writ appeal.
8. Heard Sri.George Poonthottam, the learned Senior
Counsel appearing for the appellant, Smt.Nisha Bose, the learned
Senior Government Pleader, Sri.S.Ganesh, the learned Standing
Counsel for the Kerala University of Health Sciences, Sri.Vivek
Menon, the learned Standing Counsel for the Kerala Nurses and
Midwives Council, Sri.Abraham. P. Meachinkara, the learned
Standing Counsel for the Indian Nursing Council and
Smt.Shameena Salahudheen, the learned Standing Counsel for LBS
Centre for Science and Technology.
9. During the course of arguments, the learned Standing
Counsel for the Indian Nursing Council would point out that as per
the judgment dated 07.01.2026 in W.A.No.3017 of 2025, wherein
this Court ruled against the appellant therein, which has taken a W.A.No.61 of 2026 14 2026:KER:2816
similar contention as that of the present case. In such
circumstances, there is no ground to interfere with the impugned
judgment of the learned Single Judge.
10. On perusal of the materials placed on record, especially
the grounds of appeal stated in the appeal memorandum, we notice
that the appellant has taken the very same contention which was
taken in W.A.No.3017 of 2025, by placing reliance on the judgment
of the Full Bench of this Court in Velayudhan Memorial Trust v.
State of Kerala [2010 (3) KLT 367].
11. The contention of the appellant that the INC has to
conduct another inspection in the same academic year to grant the
suitability certificate to the appellant institution is found against the
appellant by the judgment dated 28.11.2025 in W.A.No.2841 of
2025 passed by this Court. As far as the question of seeking prior
approval of the INC is concerned, in the judgment dated
07.01.2026 in W.A.No.3017 of 2025, this Court answered the same
in favour of the INC. Paragraphs 10 and 11 of that judgment read
thus:
"10. In Velayudhan Memorial Trust [2010 (3) KLT 367], a Full Bench of this Court considered the question whether Clauses 2 and 6 of Regulation 78 in so far as they purport to oblige institutions proposing to impart training W.A.No.61 of 2026 15 2026:KER:2816
and nursing and allied courses to seek a prior approval of the National Council, are ultra vires the authority of the National Council. In that judgment, the Full Bench, after a detailed analysis of the various provisions governing the field, held thus:
"22. We are of the opinion that having regard to the scheme of both the abovementioned enactments, the authority of the National Council is limited to the establishment of standards of education which includes prescribing the appropriate syllabus, norms of training, prescription of appropriate infrastructure for conducting the courses etc. whereas whether a particular institution which proposes to impart education in Nursing etc. is to be recognised having regard to the norms and standards prescribed by the National Council and also having regard to the availability of the infrastructure etc. of a particular institution is a matter to be decided by the Council established under the Kerala Act X of 1953. If that is the legal position emerging from the examination of the two enactments referred to earlier, we are of the opinion that clauses (2) and (6) of Regulation 78 insofar as they purport to obligate the institutions proposing to impart training in Nursing and allied courses to seek prior approval of the National Council are ultra vires the authority of the National Council. That being the case the various communications issued by the National Council, purporting to permit each of the appellants herein to commence various courses in Nursing with an intake of students specified W.A.No.61 of 2026 16 2026:KER:2816
as against each of those courses, in our opinion, are without any basis in law. The appropriate authority to consider such applications is the State Council established under Act X of 1953 of the State of Kerala though there is a statutory appeal against such authority provided under S.27 of the Act X of 1953 of the State of Kerala. No doubt, the State Council while granting or declining permission / approval for commencement of any training course in Nursing or allied courses covered under the abovementioned two enactments is bound by the norms and standards stipulated by the National Council".
11. In the instant case, in Ext.P2 order granting no objection by the 1st respondent issued on 16.10.2024, Ext.P3 order dated 17.06.2025 granting no objection issued by the Registrar, Kerala Nurses and Midwives Council and Ext.P4 order dated 18.10.2025 issued by the Vice Chancellor of Kerala University of Health Sciences granting affiliation to the appellant institution, there are stipulations to obtain suitability certificate from the Indian Nursing Council. In pursuance of that direction, the appellant had already applied for a suitability certificate from the 2nd respondent, and accordingly, an inspection was conducted by the 2nd respondent. However, in the inspection, certain deficiencies are noted. The appellant did not challenge the stipulations in Exts.P2 to P4 orders in the writ petition. Moreover, from the submissions made at the bar, it is evident that the admission to the nursing courses was already completed by the LBS Centre for Sciences and Technology by 30.11.2025. When the appellant has already W.A.No.61 of 2026 17 2026:KER:2816
applied for the suitability certificate from the 2nd respondent as directed in Exts.P2 to P4 orders and approached the Court only when deficiencies are noted by the 2nd respondent in the inspection, the appellant cannot now take a stand that a suitability certificate is not necessary, in view of Annexure I Guidelines and judgment of the Full Court in Velayudhan Memorial Trust."
12. In the instant case also as directed in Ext.P1 order dated
29.10.2024 issued by the Joint Secretary of the 1st respondent, the
appellant college has already applied before the INC for a suitability
certificate and by Ext.P3 letter dated 11.09.2025, the same was
refused. Later, by Ext.P5 letter dated 16.10.2025, the deficiencies
were pointed out by the INC to the appellant college. In the writ
petition, the appellant has not challenged the findings in Exts.P3
and P5 letters issued by the INC. When the appellant has already
applied for the suitability certificate from the 4th respondent INC,
as directed in Ext.P1 order, the appellant cannot now take a stand
that a suitability certificate from the INC is unnecessary. During the
course of arguments, the learned Standing Counsel for the LBS
Centre for Science and Technology would point out that the
admission for the academic year 2025-2026 was completed by
31.12.2025 during the extended time granted by the Government
as per the order dated 30.12.2025.
W.A.No.61 of 2026 18 2026:KER:2816
13. Having considered the pleadings and materials on
record and the submissions made at the Bar, we find no ground to
hold the impugned judgment of the learned Single Judge as
perverse or illegal, which warrants interference by exercising the
appellate jurisdiction.
In the result, the writ appeal stands dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
nak
W.A.No.61 of 2026 19 2026:KER:2816
APPENDIX OF WA NO. 61 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE INDIAN NURSING COUNCIL
(MINIMUM PRE-REQUISITES FOR GRANTING
SUITABILITY TO NURSING PROGRAMS) REGULATIONS, 2020.
Annexure A2 THE TRUE COPY OF THE NOTIFICATION NO.23 OF 2025 DATED 24/12/2025 ISSUED BY THE 4TH RESPONDENT INDIAN NURSING COUNCIL.
Annexure A3 THE TRUE COPY OF THE ORDER DATED 18/12/2025 IN WPC NO.1250/2025 (NURSING TRAINING INSTITUTES ASSOCIATION V. INDIAN NURSING COUNCIL & ORS) OF THE HON'BLE SUPREME COURT.
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