Kerala State United Nurses Association-Teachers Association v. Union of India, Represented By Secretary, Ministry of Health And Family Welfare, Room No. 348; 'A' Wing, Nirman Bhavan, New Delhi
2025-07-10
D.K.SINGH
body2025
DigiLaw.ai
JUDGMENT : D. K. Singh, J. The petitioner is an association of teachers teaching in private nursing colleges in the State of Kerala. The grievance of the petitioner is that despite the Regulations framed by the Indian Nursing Council, namely Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020, the teachers teaching in nursing colleges are being paid a pittance against Note iv of Regulation 5D of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , which mandates that salary of the teaching faculty in private Colleges of Nursing should not be less than what is admissible in the Colleges of Nursing under State/Central Government or as per the UGC scales. It is also submitted that despite the petitioners having raised their grievance, no effective measures have been taken to ensure compliance with the said provision of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 . 2. There is no denial of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , and they have not been challenged by anyone. Therefore, the Regulations are binding on all concerned. If private nursing colleges are not implementing the mandate of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , it is the duty of the State Government and the statutory body i.e., the Indian Nursing Council to ensure the implementation of Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020. If any private nursing college is not implementing the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 , punitive action of de-recognition, etc, must be taken against such nursing college. 3. Considering the aforesaid fact and the mandate of the law, this Court finds that the grievance of the petitioner is bona fide and justified. Therefore, the following directions are issued: (i) The State Government is directed to issue a show cause notice to the private nursing colleges for not implementing Note iv appended to Regulation 5D of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 .
Therefore, the following directions are issued: (i) The State Government is directed to issue a show cause notice to the private nursing colleges for not implementing Note iv appended to Regulation 5D of the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 . (ii) After considering their response, the State Government shall submit the report and recommendations to the Indian Nursing Council/ the 2 nd respondent for taking appropriate action against the erring private colleges for not implementing the said provision of granting salary to the teaching staff not less than what is admissible in the Colleges of Nursing under State/Central government or as per the UGC scales. (iii) The Indian Nursing Council shall act upon the recommendation of the State Government against each private college in respect of the report from the State Government. With the aforesaid directions, the writ petition stands closed.