[Cites 7, Cited by 0]
Kerala High Court
Sri Ramakrishna Sarada School Of ... vs State Of Kerala on 27 January, 2026
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.A.No.66 of 2026 1 2026:KER:5475
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. 66 OF 2026
AGAINST THE JUDGMENT DATED 17.12.2025 IN WP(C)NO.33806 OF
2025 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
SRI RAMAKRISHNA SARADA SCHOOL OF NURSING
SRI RAMAKRISHNA ASHRAMA CHARITABLE HOSPITAL,
SASTHAMANGALAM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS PRINCIPAL, SREEDIVYA P. V.,
AGED 44 YEARS,
D/O PADMANABHAN NAIR,
SRI RAMAKRISHNA ASHRAMA CHARITABLE HOSPITAL,
SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
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:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
W.A.No.66 of 2026 2 2026:KER:5475
GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 KERALA NURSES AND MIDWIVES COUNCIL
KNMC RED CROSS RD, JAI VIHAR, KUNNUKUZHY,
THIRUVANANTHAPURAM DISTRICT, PIN - 695035
3 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTER, PLOT NO.2, COMMUNITY CENTER,
OKHLA PHASE 1, NEW DELHI, PIN - 110020
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.66 of 2026 3 2026:KER:5475
JUDGMENT C.R.
Muralee Krishna S., J.
The petitioner in W.P.(C)No.33806 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.33806 of 2025 and
W.P.(C)No.40066 of 2025 filed by another college of nursing were
dismissed.
2. Going by the averments in W.P.(C)No.33806 of 2025,
the appellant has been offering the General Nursing and Midwifery
('GNM' for short) Course for several years. On 28.02.2019, the 3 rd
respondent, Indian Nursing Council ('INC' for short), issued Ext.P1
notification in tune with the National Health Policy, 2017, that there
should be a single entry level for nursing, resolving that the existing
GNM Course shall be phased out by the year 2020-2021 and shall
be converted into College of Nursing. The said notification was
issued to ensure the quality of nursing education; the
implementation framework seeks to merge GNM schools with B.Sc.
Nursing and have a single entry-level qualification as B.Sc. Nursing
for nurses by redesigning the B.Sc. curriculum as practical based
and by phasing away the GNM course. By Ext.P3 letter dated
W.A.No.66 of 2026 4 2026:KER:5475
19.09.2019, the 3rd respondent requested the State
Government/State Nursing Council to ensure that no new GNM
School of Nursing shall be approved from the academic year 2019-
20 and no inspection of GNM School of Nursing shall be conducted
for the purpose of renewal/restart/enhancement of seats etc. The
appellant then sent a letter dated 02.12.2019 to the 3rd respondent
requesting reconsideration of discontinuing GNM course, as the
course helps many poor girl candidates studying under the
appellant institution to lead a good life. To that request, the 3 rd
respondent sent Ext.P4 reply dated 24.12.2019 stating that the
decision to discontinue the GNM course is final and that offering
B.Sc. Nursing is the only alternative as it is part of the National
Health Policy. In the meantime, in the year 2020, the entire
country underwent the COVID-19 pandemic, and there was a
shortfall of medical professionals and nurses. Therefore, the
National Health Policy underwent severe changes, and the decision
to discontinue the GNM course was rolled back, and the permissions
were granted by all States to start GNM courses.
2.1 The appellant further pleads that the parent hospital of
the appellant filed Ext.P5 application dated 20.07.2024 before the
1st respondent, State of Kerala, seeking No Objection Certificate
W.A.No.66 of 2026 5 2026:KER:5475
(NOC) to commence a GNM course. Thereafter, the 1st respondent
conducted necessary inspections in the appellant institution and,
upon being satisfied with the infrastructure and manpower, by
Ext.P6 order dated 16.10.2014 granted No Objection Certificate to
commence the GNM course with an intake of 40 seats. Ext.P6 NOC
stipulates several conditions, the first among them is that the
appellant institution shall have the standards, which are prescribed
by the 3rd respondent INC as per their Regulations published from
time to time. The second condition is that the appellant shall comply
with the guidelines, orders and regulations which are issued by the
1st respondent, State of Kerala and the 2nd respondent, the Kerala
Nurses and Midwives Council, from time to time. The third condition
is that the appellant shall obtain an approval from the 2nd
respondent and suitability certificate from the 3rd respondent, and
a letter of permission from the 1st respondent before admitting
students.
2.2 The appellant states that after receiving Ext.P6 NOC, the
appellant submitted Ext.P7 application dated 17.10.2024 before
the 2nd respondent for their affiliation. Accordingly, an inspection
was conducted on 21.10.2024 by the 2nd respondent and having
satisfied the facilities in the college of the appellant, accorded
W.A.No.66 of 2026 6 2026:KER:5475
sanction to commence the GNM course by Ex.P8 order dated
19.11.2024. Thereafter, the appellant submitted Ext.P9 application
dated 15.11.2024 to the 3rd respondent seeking a suitability
certificate and also an application before the 1st respondent for
obtaining the letter of permission. The last date for submitting the
application for the suitability certificate and the final date of
allotment of students was on 30.10.2024, which was further
extended to 30.11.2024. Aggrieved by the inaction of respondents
1 and 3 in issuing a suitability certificate and letter of permission,
the appellant filed WP(C)No.41284 of 2024 before this Court. By
Ext.P10 interim order dated 22.11.2024, this Court directed the 1st
respondent to permit the appellant to admit the students to the
extent permitted in Exts.P2 and P4 provisionally and subject to
further orders passed by this Court. Thereafter, on 26.11.2024, by
Ext.P11 order, this Court clarified that Ext.P10 interim order shall
be binding upon the 2nd respondent as well.
2.3. On 28.11.2024, in compliance with the directions
contained in Ext.P10 and Ext.P11 interim orders, the 1st respondent
issued Ext.P12 order to include the appellant institution in the
admission process of GNM course for the academic year 2024-25
subject to the final orders in W.P.(C)No.41284 of 2024 and on the
W.A.No.66 of 2026 7 2026:KER:5475
condition that letter of permission will be issued only after receiving
suitability certificate from the 3rd respondent. On 04.12.2024, this
Court passed Ext.P13 interim order directing the appellant to
permit the induction of students till 09.12.2024. Since the prayer
in the writ petition has become infructuous, the appellant withdrew
W.P.(C)No.41284 of 2024 with liberty to agitate if any more
subsistence grievance remains. The judgment dated 09.12.2024
passed by this Court in that writ petition is produced as Ext.P14 in
W.P.(C)No.33806 of 2025.
2.4. On 06.12.2024, the 3rd respondent issued Ext.P15 letter
stating that the application for suitability of GNM course submitted
by the appellant cannot be considered for the reason that the
Ramakrishna Math Trust was already running GNM course in the
name of Sri Sarada College of Nursing under Sri Ramakrishna
Ashrama Charitable Hospital and now the said institution has been
upgraded from GNM to B.Sc.(N) course. Once upgraded, the
institution cannot start another GNM programme. Aggrieved by
Ext.P15 letter, the appellant submitted Ext.P16 reply dated
18.12.2024 to the 3rd respondent, requesting to reconsider its
decision and to issue the suitability certificate. However, the 3 rd
respondent thereafter issued Ext.P17 letter dated 23.01.2025
W.A.No.66 of 2026 8 2026:KER:5475
stating that the application for suitability of GNM course cannot be
considered for the very same reason stated in Ext.P15 letter.
2.5. In the meantime, the appellant institution submitted an
application for affiliation for the academic year 2025-26 before the
2nd respondent. The inspection team of the 2nd respondent
inspected the appellant institution and submitted a report. On the
basis of that report, the 2nd respondent by Ext.P18 order dated
03.07.2025 accorded conditional affiliation to the appellant
institution to commence the GNM course with an intake of 40
students for the academic year 2025-26.
2.6. According to the appellant, the 3 rd respondent has the
sole duty as per the Indian Nursing Council Act, 1947, to merely
make sure that any institution that applies for a suitability
certificate meets the standards meant for conducting a nursing
course in a standardised form. The 3rd respondent cannot deny the
appellant suitability certificate merely because it had applied for
upgradation from the GNM course to B.Sc. Nursing is solely due to
the National Health Policy that existed in the year 2017.
2.7. The appellant further states that the appellant
institution had begun their course in the temporary building at
Sasthamangalam, which was inspected by the 3rd respondent, and
W.A.No.66 of 2026 9 2026:KER:5475
once its campus at Nettayam, Thiruvananthapuram, had been
completed, the appellant institution submitted a request dated
15.07.2024 to the 2nd respondent to shift the college to the new
campus. By the decision dated 20.07.2024, the 2nd respondent
resolved to allow the college to shift its campus to Nettayam, and
thereafter, the 2nd respondent issued Ext.P20 order dated
24.07.2024 allowing the appellant to shift the institution to its new
campus. By Ext.P21 order dated 28.11.2024, the Kerala University
of Health Sciences ('KUHS' for short) approved the shifting of the
college to its own building at Nettayam. The institution where the
GNM course is functioning and the institution where the B.Sc.
Nursing Course is being conducted are two different entities
functioning in two different campuses, six kilometres apart. The
building in which the GNM course is being conducted has all the
statutory features required to conduct the said course. Therefore,
there is no impediment on the part of the 3rd respondent in granting
a suitability certificate, which is only a formality. Contending that
the decision of the 3rd respondent not to grant a suitability
certificate to the appellant, holding that once upgraded, the
institution cannot start one more GNM programme as illogical, the
appellant filed W.P.(C)No.33806 of 2025 under Article 226 of the
W.A.No.66 of 2026 10 2026:KER:5475
Constitution of India seeking the following reliefs:
"i. To declare that the action of the petitioner in applying for
upgrade from GNM Diploma Course to B.Sc.(N) due to past
policy decisions of the government does not preclude the
petitioner from obtaining a suitability certificate to begin a
GNM Course for the academic year of 2025 - 2026;
ii. To Issue a writ of mandamus or any other appropriate
writ, order, or direction, directing the 3rd respondent to issue
suitability certificate without putting up an objection that the
petitioner had applied for an upgrade to B.Sc. (Nursing);
iii. To issue a writ of mandamus or any other appropriate
writ, order, or direction, directing the 1st respondent to
issue Letter of Permission for commencing General Nursing
and Midwifery Course in the petitioner Institution, which is
covered by Ext.P6 No Objection Certificate in a time bound
manner;
iv. To issue a writ of mandamus or any other appropriate
writ, order, or direction, directing the 1st respondent to
grant the letter of permission to the petitioner institution,
provisionally without insisting for the suitability certificate
from the 3rd respondent;
v. To Issue a writ of mandamus or any other appropriate
writ, order, or direction, directing the 1st and 3rd
respondent to include the petitioner institution for the
General Nursing and Midwifery (GNM) course, which is
covered under Ext.P6 for centralized allotment process in
the academic year 2025-26;
vi. xxxxx
vii. xxxxx
viii. To call for the records leading to the issuance of
W.A.No.66 of 2026 11 2026:KER:5475
Exts.P15 and P17 orders and to quash the same by issuing
a writ of certiorari or any other appropriate writ, order or
direction."
3. After the filing of the writ petition, along with I.A.Nos.1,
3 and 5 of 2025, the appellant has produced Exts.P19 to P23
documents. On behalf of the 3rd respondent, a statement dated
26.11.2025 was filed in the writ petition opposing the reliefs sought
for and producing therewith Annexures R3(1) to R3(4) documents.
Paragraphs 5 to 13 of that statement read thus:
"5. It is submitted that in view of the policy of Ministry of
Health and Family Welfare to implement the "Single entry
level of Nursing", which is one of the key initiatives in the
implementation framework of National Health policy, 2017,
the Council had issued notifications dated 28.02.2019 and
14.03.2019 for up-gradation of School of Nursing, produced
as Ext. P1 and P2 respectively. Further directions were
issued to respective state governments and state nursing
councils vide letter dated 19.09.2019, produced as Ext P3.
It is submitted that "Single Entry level for Nursing, meant
instead of two levels of entry into Nursing to having only
Single Entry to B.Sc. (N) program by closure of GNM
program, for effective delivery of quality nursing services
and to improve the status of nursing profession and phasing
out of GNM course was a step towards standardization of
nursing qualification at entry level.
6. However, subsequently the Ministry of Health Affairs and
Family Welfare had changed the earlier directives issued
with regard to "Single entry level of Nursing". The Ministry
W.A.No.66 of 2026 12 2026:KER:5475
had decided that it is not feasible to implement the said
policy at this stage. Therefore, the Council vide notification
dated 26.11.2020 had withdrawn the proposal to phase out
GNM at this stage. It is submitted that the admissions to the
GNM course were continuing even after the academic
sessions 2020-2021.
7. It is submitted that the Council has further resolved to
encourage institutions, which are running GNM course, to
upgrade the said course to B.Sc. (N) on Voluntary basis. In
this regard the Council has framed regulations under
Section 16 of the Indian Nursing Act, 1947. The Council has
framed 'Guidelines/norms for upgradation of the General
Nursing and Midwifery (GNM) course to B.Sc. (Nursing)
course on voluntary basis, Regulations 2020' vide
notification dated 10.12.2020. The said Regulation was
notified in the gazette vide notification dated 06.01.2021.
True copy of the Indian Nursing Council {Guidelines/norms
for upgradation of the General Nursing and Midwifery (GNM)
course to B.Sc. (Nursing) course on voluntary basis),
Regulations 2020 is produced and marked as Annexure
R3(1).
8. ln terms of the said Regulations, all schools of nursing
which were recognised by the concerned state nursing
council for running GNM courses and were found to be
suitable by the Council, were given an option to upgrade to
run a College of Nursing i.e. B.Sc. (N) course. Sri Sarada
School of Nursing run by the Trust opted for the said
regulation for upgradation. Therefore, the Council had
considered the application for upgradation and granted
suitability to run Sri Sarada School of Nursing as Sri Sarada
College of Nursing for 40 seats. The name of the Sri Sarada
W.A.No.66 of 2026 13 2026:KER:5475
College of Nursing is also displayed on the website of the
Council. True copy of the relevant page of the website
displaying the name of the Sri Sarada College of Nursing is
produced and marked as Annexure R3(2).
9. It is submitted that upgradation from GNM to B.Sc. (N)
means closure: of GNM course or in other words the GNM
course is converted/ upgraded to B.Sc. course. Once
upgraded an institution cannot start a new GNM course as
the nursing institution has taken the benefit of exemptions
of inspection or obtaining NOC from the state government.
Further, the regulation no. 4 (ii) of the regulations notified
by aforementioned notification provides:
"The Schools of Nursing which are applying for upgradation
in accordance with the para 4(i) above during the academic
year and accorded suitability by the Council, shall admit
students only for the B. Sc. (Nursing) course and shall close
the GNM course i.e. not admit students for the GNM course
from the year found suitable for the B.Sc. (Nursing) course."
10. It is needless to point out that Sri Sarada School of
Nursing run by the Trust was treated as closed since 2022
as the same was upgraded to College of Nursing. However,
the Trust has applied to the Council for starting another GNM
course through a new name i.e. Sri.Ramakrishna Sarada
School of Nursing (Petitioner). It is submitted that the Trust
is again seeking permissions and suitability certificate to
start GNM course on the same address after availing the
option to upgrade the GNM course to B.Sc. (N). It is
submitted that if the Trust wanted to run both the courses
then it ought to have applied for permissions to run
B.Sc.(N) separately. However, the Trust chose to avail the
benefits of the Regulations framed by the Council for
W.A.No.66 of 2026 14 2026:KER:5475
upgradation.
Once the Trust has upgraded the GNM course to B.Sc (N)
then the Trust may not be permitted to start the GNM course
again. Therefore, the application for grant of suitability to
start GNM course by the Sri Ramakrishna Sarada School of
Nursing was rejected and same was communicated vide
letter dated 06.12.2024. True copy of communication dated
06.12.2024 issued by the Indian Nursing Council is
produced and marked as Annexure R3(3).
11. It is submitted that the policy decision of voluntary
upgradation was introduced to improve the quality of
nursing education by having graduate in nursing as single
entry level. Starting of GNM Course after taking benefits of
the upgradation regulations defeats the purpose of
upgradation. The said Trust having once availed the benefits
of the aforesaid regulation cannot be permitted to grant
GNM qualification.
12. Further, it is submitted that the Writ Petitioner's the
argument that suitability has been granted to other
institutions like Sree Gokulam School of Nursing, is
completely misconceived and misplaced. It is submitted that
Sree Gokulam School of Nursing applied for suitability for
GNM as a fresh course and not under the category of
upgraded- school to college of nursing category. Therefore,
there is no discrimination while rejecting the application of
the Writ Petitioner. It is submitted that the Writ Petitioner
has taken benefits of the Regulations framed for
upgradation to B.Sc (N) by not getting fresh GO/ NOC for
opening B.Sc (N) course. Now the Writ Petitioner is claiming
similar treatment as given to the other institutions like Sree
Gokulam School of Nursing which is impermissible in terms
W.A.No.66 of 2026 15 2026:KER:5475
of the regulations framed by the Council. True copy of
communication dated 09-04-2025 issued by the Indian
Nursing Council to the Sree Gokulam School of Nursing is
produced as Annexure R3(4).
13. The Annexure A1 Regulations notified on 06-01-2021
were introduced on a voluntary basis. The Petitioner after
voluntarily availing the benefits of the said regulations
cannot claim relief and reopen the old course through a new
name."
4. After hearing both sides and on appreciation of materials
on record, the learned Single Judge, by the common judgment
dated 17.12.2025 passed along with W.P.(C)No.40066 of 2025,
dismissed the writ petition. In that judgment, it is clarified that
none of the observations in the judgment would preclude the
appellant from challenging the Regulations and Exts.P15 and P17.
It is further clarified that the students who joined the appellant
institution 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, the appellant has filed the
present writ appeal.
5. Heard Sri.George Poonthottam, the learned Senior
Counsel for the appellant, Smt.Nisha Bose, the learned Senior
Government Pleader, Sri.Vivek Menon, the learned Standing
Counsel for the 2nd respondent and Dr.Abraham P. Meachinkara,
W.A.No.66 of 2026 16 2026:KER:5475
the learned Standing Counsel for the 3rd respondent.
6. The learned Senior Counsel would submit that the
appellant institution has applied for starting a new nursing school
and did not seek the upgradation of its institution as a nursing
college. Therefore, Annexure R3(1) Indian Nursing Council
(Guidelines/norms for upgradation of the General Nursing and
Midwifery (GNM) course to B.Sc. (Nursing) course on voluntary
basis) Regulation, 2020, (the 'upgradation Regulations 2020' for
short)is not applicable in the present case. The learned Single
Judge went wrong in not considering the binding findings of the
judgment of the Full Bench of this Court in Velayudhan Memorial
Trust v. State of Kerala [2010 (3) KLT 367]. The learned Senior
Counsel further submitted that the appellant has started the GNM
course in a separate building far away from the college, wherein
the already upgraded B.Sc. Nursing Course has been conducted.
7. On the other hand, the learned Standing Counsel for the
INC submitted that as per Regulation No.4(ii) of the upgradation
Regulation, 2020, the School of Nursing, which is applying for
upgradation in accordance with para 4(i) during the academic year
and was accorded suitability by the council, shall admit students
only for B.Sc. Nursing course and shall close the GNM course, i.e.,
W.A.No.66 of 2026 17 2026:KER:5475
not admit students for the GNM course from the year found suitable
for B.Sc. Nursing course. In view of the said Regulation, Sri Sarada
School of Nursing, run by the Trust, was treated as closed since
2022, as the same was upgraded as College of Nursing. Once the
Trust has upgraded the GNM course to B.Sc. Nursing, then the trust
cannot be permitted to start the GNM course again. It was stating
the said reason, order dated 06.12.2024, was issued by the INC,
whereby the application submitted by the appellant towards
inspection under Sections 13 and 14 of the INC Act, 1947, for the
grant of suitability to the GNM course was rejected.
8. The learned Standing Counsel for the 2nd respondent
would submit that a suitability certificate from the 3 rd respondent
INC, is necessary to start a new GNM course by the appellant.
9. The learned Senior Government Pleader would submit
that, as per Clause (C) of Ext.P6 order dated 16.10.2024, the
Government has made it clear that to start a new GNM course, the
suitability certificate from INC is necessary.
10. As per the pleadings in the writ petition, the appellant
institution is functioning under the aegis of Sri Ramakrishna
Ashrama Charitable Hospital, Thiruvananthapuram and the said
hospital started functioning in the year 1937 as an extension of Sri
W.A.No.66 of 2026 18 2026:KER:5475
Ramakrishna Ashram, Nettayam, established in 1916, which is a
branch of Ramakrishna Math and Ramakrishna Mission, a
worldwide organization with its headquarters at Belur Math,
Howrah District, West Bengal. In view of the policy decisions of the
Government and Ext.P1 notification dated 28.02.2019 issued by
the 3rd respondent, the appellant voluntarily applied for
upgradation of the existing GNM course to a B.Sc. Nursing course
and by complying all the legal formalities, the said permission was
granted to the appellant. Thereafter, the appellant approached the
respondents for NOC and a suitability certificate, as the case may
be, for starting a new GNM course. Though Ext.P6 NOC dated
16.10.2024 was issued by the 1st respondent and Ext.P8 sanction
order dated 19.11.2024 was issued by the 2nd respondent to start
the new GNM course by the appellant college, the 3 rd respondent
has not issued a suitability certificate by conducting an inspection
to the appellant college. By Annexure R3(3) communication dated
06.12.2024, the 3rd respondent informed the appellant that the
application towards inspection under Sections 13 and 14 of the INC
Act, 1947, cannot be entertained for the grant of suitability of the
GNM course since the already running GNM course under the Trust
has been converted as B.Sc. Nursing Course.
W.A.No.66 of 2026 19 2026:KER:5475
11. The learned Single Judge, by relying on the judgment of
the Full Bench of this Court in Pavithran V.K.M. v. State of
Kerala [2009 (4) KHC 4], held that as far as administrative
orders are concerned, unless the same is not challenged, it would
be binding on the parties concerned. As noted by the learned Single
Judge, in Ext.P6 NOC granted by the Government there is a
condition to obtain a suitability certificate from the 3rd respondent.
Similarly, in Ext.P8 sanction order of the 2nd respondent, there is a
condition to follow the norms prescribed by the 3rd respondent INC
and Kerala Nursing Council for the conduct of the course. The said
conditions in Exts.P6 and P8 orders are not challenged in the writ
petition. The conditions in Exts.P6 and P8 orders are binding on the
appellant. Moreover, it is pertinent to note that the appellant has
no claim in the instant case that a suitability certificate from the 3rd
respondent is unnecessary.
12. Regulation No.4(ii) of Annexure R3(1) upgradation
Regulations 2020 read thus:
"The Schools of Nursing which are applying for upgradation in
accordance with para 4 (i) above during the academic year and
accorded suitability by the Council, shall admit students only for
the B.Sc (Nursing) course and shall close the GNM course, i.e., not
admit students for the GNM course from the year found suitable
for the B.Sc (Nursing) course."
13. A reading of the aforesaid Regulation makes it clear that
W.A.No.66 of 2026 20 2026:KER:5475
once the GNM course is upgraded to B.Sc. Nursing course, the
college shall not admit students for the GNM course and shall close
down the GNM course. It is under those circumstances that
Annexure R3(3) letter was issued by the 3rd respondent, intimating
that no inspection as contemplated under Sections 13 and 14 of the
INC Act could be conducted in the college of the appellant. It was
considering all these aspects, the learned Single Judge dismissed
the writ petition.
14. Having considered the pleadings and materials on
record and the submissions made at the Bar, we find no ground to
hold the finding arrived at by the learned Single Judge as perverse
or illegal, which warrants the interference of this Court by
exercising appellate jurisdiction.
In the result, the writ appeal stands dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
nak
W.A.No.66 of 2026 21 2026:KER:5475
APPENDIX OF WA NO. 66 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF INDIAN NURSING COUNCIL
(GUIDELINES/NORMS FOR UPGRADATION OF THE
GENERAL NURSING AND MIDWIFERY (GNM) COURSE TO
B.SC.(NURSING) COURSE ON VOLUNTARY BASIS)
REGULATIONS, 2020
Annexure A2 THE TRUE COPY OF THE NOTIFICATION NO.23 OF
2025 DATED 24/12/2025 ISSUED BY THE 3RD
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
Annexure A4 THE TRUE COPY OF THE INDIAN NURSING COUNCIL
(MINIMUM PRE-REQUISITES FOR GRANTING
SUITABILITY TO NURSING PROGRAMS) REGULATION,
