In a significant ruling aimed at upholding the rights of teaching faculty in private nursing colleges, the High Court of Kerala has directed the State Government and the Indian Nursing Council (INC) to ensure compliance with the salary regulations outlined in the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020. The court emphasized that if private institutions fail to adhere to these norms, punitive measures such as de-recognition must be imposed, reinforcing the binding nature of the regulations on all stakeholders.
The judgment, delivered in Writ Petition (Civil) No. 35999 of 2024 (cited as 2025:KER:50876), was pronounced by the Justice D.K. Singh on Thursday, the 10th. The case was heard at the High Court of Kerala at Ernakulam and marks a crucial step in addressing long-standing grievances over inadequate remuneration for educators in the nursing sector.
Case Background and Relevant Facts
The petitioner, an association of teachers teaching in private nursing colleges in the State of Kerala, approached the High Court seeking intervention to enforce fair salary practices. According to the petition, despite the clear mandates of the INC Regulations 2020, teachers in these private institutions are being paid a “pittance,” which contravenes Note iv of Regulation 5D. This provision explicitly states that the salary of 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.
The association highlighted that they had repeatedly raised their concerns through representations to various authorities, but no effective measures were taken to ensure compliance. Key exhibits submitted by the petitioner included:
- Exhibit P1: A true copy of the notification of revised regulations brought out by the Indian Nursing Council dated 05.07.2021.
- Exhibit P2: A true copy of the order G.O.(P) No.34/2020/H&FWD issued by the Government of Kerala dated 11.09.2020.
- Exhibit P3: A true copy of one such format of the representation filed before the Nursing Council.
- Exhibit P4: A true copy of one such format of the above representation filed before the Kerala University of Health Sciences.
- Exhibit P5: A true copy of the representation filed by the petitioner to the Principal Secretary, Ministry of Health dated 12.03.2024.
- Exhibit P6: A true copy of the circular No. 41323/2022/2/ACI/NSC/4/5/KUSH issued by the 7th respondent to all the self-financing nursing institutions dated 13.3.2023 (noting the apparent typographical error in the document as “13.3.2025”).
- Exhibit P7: A true copy of the circular No. 41323/2/2/2/ACI/NSC/4/5/KUSH/5/2022 dated 21.3.2024 issued by the 7th respondent.
- Exhibit P8: A true copy of another circular, with details partially garbled in the record but pertaining to related directives.
These documents underscored the petitioner’s efforts to seek redressal and the ongoing non-compliance by private nursing colleges, despite the regulations being unchallenged and applicable to all concerned parties.
Arguments Presented
The petitioner’s primary argument centered on the violation of the INC Regulations 2020, which are statutory and binding. They contended that the low salaries paid to teaching faculty undermine the quality of nursing education and contravene the explicit salary parity requirement in Note iv of Regulation 5D. The association argued that the State Government and the INC, as the statutory body, have a duty to monitor and enforce these norms. They pointed out that representations to the Nursing Council, Kerala University of Health Sciences, and the Principal Secretary of the Ministry of Health had yielded no substantial action, necessitating judicial intervention.
No specific counter-arguments from the respondents are detailed in the judgment, but the court noted the absence of any denial regarding the validity of the INC Regulations 2020. The regulations themselves were not challenged by any party, affirming their enforceability.
Legal Questions Involved
The case raised several key legal issues related to the enforcement of educational regulations in the healthcare sector:
- Whether the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 are binding on private nursing colleges in Kerala?
The petition questioned the accountability of private institutions in adhering to national standards set by the INC, particularly concerning salary structures. - What is the role of the State Government and the INC in ensuring compliance with these regulations?
This involved examining the obligations of regulatory bodies to monitor and penalize non-compliant institutions. - What remedies are available if private nursing colleges fail to implement the mandated salary scales?
The issue focused on appropriate punitive measures, such as de-recognition, to deter violations and protect the interests of teaching faculty.
Court’s Answers to the Legal Issues
Justice D.K. Singh addressed each question comprehensively, affirming the petitioner’s stance and issuing directive orders:
- Binding Nature of the Regulations:
The court held that the INC Regulations 2020 are undisputed and binding on all private nursing colleges. There is no denial of their applicability, and they have not been challenged. Thus, private institutions must comply with Note iv of Regulation 5D, ensuring salaries are at par with State/Central Government or UGC scales. - Duty of State Government and INC:
The judgment clarified that it is the duty of the State Government and the INC to ensure implementation. The State must actively verify compliance, while the INC, as the statutory body, must act on reports of violations. - Remedies for Non-Compliance:
In cases of non-adherence, the court mandated punitive actions, including de-recognition. Specific directions included:- (i) The State Government shall call for reports from all private nursing colleges regarding salaries paid to teaching faculty and verify compliance with the INC Regulations 2020.
- (ii) If any college is found non-compliant, the State Government shall forward a report to the INC recommending punitive action.
- (iii) The INC shall act upon the State Government’s recommendations against each errant private college.
With these directions, the writ petition was closed, providing a clear framework for enforcement and accountability.
