Kerala High Court Directs Action Against Private Nursing Colleges For Underpaying Faculty | Says INC Regulations Mandate Parity With Govt Pay Scales | State And Nursing Council Told To Initiate De-Recognition Process
Isabella Mariam
The High Court of Kerala Single Bench of Justice Dinesh Kumar Singh, on 10 July 2025, delivered a judgment directing the enforcement of the Indian Nursing Council’s salary regulations for teaching faculty in private nursing colleges. The Court unequivocally held that the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 are binding and must be implemented without deviation. Concluding that the grievance of the petitioning association of nursing educators was genuine, the Court mandated action from both the State Government and the Indian Nursing Council.
The judgment instructed the State Government to issue show cause notices to private nursing colleges that failed to implement the salary norms specified under Note iv of Regulation 5D, followed by a submission of a report to the Indian Nursing Council. The Council, in turn, was directed to act on the State’s recommendations and take appropriate punitive action against non-compliant institutions. The writ petition was closed with these binding directions.
The writ petition was filed by Kerala State United Nurses Association–Teachers Association, a registered body representing teaching staff employed in private nursing colleges across Kerala. The first petitioner was represented by its State President and the second petitioner was its Secretary. The grievance stemmed from the non-compliance of certain salary norms by private nursing colleges despite a regulatory mandate issued by the Indian Nursing Council (INC).
The petitioners relied on Note iv of Regulation 5D from the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020. According to the said provision, the teaching faculty in private Colleges of Nursing must receive a salary “not less than what is admissible in the Colleges of Nursing under State/Central Government or as per the UGC scales.” Despite this provision, the petitioners alleged that teaching staff were being paid significantly lower salaries without adherence to these prescribed standards.
To substantiate their claim, the petitioners placed several documents on record, including:
- Exhibit P1: Notification of the revised regulations dated 05.07.2021 issued by the Indian Nursing Council.
- Exhibit P2: Order GO (P) No.54/2020/H&FWD issued by the Government of Kerala dated 11.09.2020.
- Exhibit P3 to P5: Representations submitted to the Indian Nursing Council, Kerala University of Health Sciences (KUHS), and the Principal Secretary, Ministry of Health.
- Exhibit P6 to P8: Circulars issued by KUHS and the Kerala Nurses and Midwives Council addressing the implementation of salary norms.
- Exhibit P9 and P10: Communications issued by the Indian Nursing Council to the petitioner association and the State Council respectively.
The respondents in the matter included the Union of India, Indian Nursing Council, State of Kerala, Directorate of Medical Education, Ministry of Labour and Employment, Kerala Nurses and Midwives Council, Kerala University of Health Sciences, and two associations representing private nursing college managements. The Court had impleaded the Association of the Managements of Christian Self-Financing Nursing Colleges of Kerala (Addl. R8) and the Private Nursing College Management Association of Kerala (Addl. R9) as additional parties by order dated 04.02.2025.
The petitioners contended that despite repeated efforts and multiple representations to statutory bodies, no effective steps were taken to enforce the salary standards prescribed by the INC. The non-compliance, according to the petitioners, not only violated binding regulations but also adversely impacted the morale and well-being of the teaching faculty.
The Court took note of the applicable regulatory framework and specifically referred to the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020. It recorded: "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."
It further observed that the obligation to ensure the enforcement of these regulations did not rest solely with the private nursing colleges. The Court stated: "If private nursing colleges are not implementing the mandate of the Indian Nursing Council... it is the duty of the State Government and the statutory body i.e., the Indian Nursing Council to ensure the implementation."
The judgment stated that any failure to implement these binding provisions would warrant penal consequences. The Court recorded: "If any private nursing college is not implementing the Indian Nursing Council... punitive action of de-recognition, etc, must be taken against such nursing college."
The Court was clear in acknowledging the credibility of the grievance raised by the petitioners. It held: "Considering the aforesaid fact and the mandate of the law, this Court finds that the grievance of the petitioner is bona fide and justified."
Based on the findings and judicial reasoning, the Court issued specific and binding directions. It ordered: "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."
The Court further instructed that upon receiving the responses from the concerned private institutions, "the State Government shall submit the report and recommendations to the Indian Nursing Council... 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."
Finally, the Indian Nursing Council was directed to act based on the inputs provided by the State Government. The Court ordered: "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."
The writ petition was disposed of with these directions.
Advocates Representing the Parties:
For the Petitioners: Sri. Rajit, Advocate
For the Respondents: Shri. Binny Thomas, Standing Counsel, Kerala University of Health Sciences; Shri. P. Sreekumar (Senior), Dr. Abraham P. Meachinkara, Standing Counsel; Shri. Tony George Kannathanam; Mr. Vivek Menon, Standing Counsel; Sri. Thomas George; Ms. Premchand R. Nair, Senior Government Pleader; Shri. Ebee Antony; Shri. Ajith George Koola
Case Title: Kerala State United Nurses Association–Teachers Association & Anr. vs. Union of India & Ors.
Neutral Citation: 2025: KER:50876
Case Number: WP(C) No. 35039 of 2024
Bench: Justice Dinesh Kumar Singh
