- 1 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26377 OF 2025 (EDN-RES) BETWEEN: M/S S V COLLEGE OF NURSING REPRESENTED BY ITS CHAIRMAN MR. SANDESH O/A NO.33/3 SITE NO. 6,7,13,14 & 22 VISHWESHWARAIAH EXTENDED LAYOUT 4TH CROSS, MALLATHAHALLI BANGALORE – 560 056. …PETITIONER (BY SRI. NITIN A M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS THE PRINCIPAL SECRETARY MEDICAL EDUCATION DEPARTMENT MS BUILDING VIDHANA SOUDHA BANGALORE - 01 2. THE INDIAN NURSING COUNCIL 8TH FLOOR NBCC CENTER PLOT NO. 2 COMMUNITY CENTER Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 OKHLA PHASE - I NEW DELHI – 110 002. REPRESENTED BY ITS PRESIDENT 3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK JAYANAGARA BENGALURU - 560 011. REPRESENTED BY ITS REGISTRAR …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1; SRI. D.R. RAVISHANKAR, SR. COUNSEL FOR SRI. SHIVARUDRA, ADVOCATE FOR R2; SMT. FARAH FATHIMA, ADVOCATE FOR R3) --- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO PASS AN ORDER TO QUASH AND SET ASIDE THE UNAUTHORISED NOTICE ISSUED BY THE RESPONDENT NO.2 BEARING FILE NUMBER 18-15/14812-INC (90189) DT.18-08-2025 (ANNEXURE-L) AND PASS AN ORDER DIRECTING THE RESPONDENTS TO CONSIDER THE COMPLIANCE NOTICE BEARING REF: SVCON/01/INC/2025-2026 DATED 22-08-2025 ISSUED BY THE PETITIONER (ANNEXURE-M1&M2) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 ORAL ORDER In this petition, the petitioner seeks the following reliefs:- “a. To pass an order to quash and set aside the unauthorised notice issued by the Respondent No.2 bearing File Number: 18-15/14812-INC (90189) dt.18- 08-2025 (Annexure-L); b. To pass an order directing the Respondents to consider the Compliance Notice bearing Ref: SVCON/01/INC/2025-2026 dt.22-08-2025 issued by the Petitioner (Annexure-M1& M2); c. To pass such other orders that this Hon'ble Court deems fit in the interest of justice and equity.” 2. A perusal of the material on record would indicate that the petitioner claims to be a Nursing College, in relation to whom the respondent No.2-the Indian Nursing Council has issued the impugned communication/notice at Annexure-‘L’ dated 18.08.2025 under Section 14 of the Indian Nursing Council Act, 1947 (for short “the INC Act”) to the respondent No.1 – State. A perusal of the said notice would indicate that a copy of the same has been marked/forwarded even to the petitioner herein as well as the Karnataka Nursing Council and Rajiv Gandhi University of Health Sciences. The petitioner submitted a reply to the said notice dated 22.08.2025 to the respondent No.2-Indian Nursing Council vide - 4 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 Annexure-‘M1’ as well as to the State Government vide Annexure- ‘M2’ and at that stage, the petitioner approached this Court inter alia contending that the very issuance of the notice/communication is illegal, arbitrary, without jurisdiction or authority of law and the same deserves to be quashed. 3. In this context, it is profitable to refer to Section 14 of the INC Act, which reads as under:- “14. Withdrawal of recognition. ––(1) When upon report by the Executive Committee, it appears to the Council–– (a) that the courses of study and training and the examinations to be gone through in order to obtain a recognised qualification from any authority in any [State] [* * *], or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under the Act or fall short of the standards required thereby, or (b) that an institution recognised by a [State] Council for the training of nurses, midwives [auxiliary nurse-midwives] or health visitors does not satisfy the requirements of the Council, –– the Council may send to the Government of the [State] in which the authority or institution, as the case may be, is situated a statement to such effect and the [State] Government shall forward it, along with such remarks as it may think fit to the authority or institution concerned and, in a case referred to in clause (b) to the [State] Council also, - 5 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 with an intimation of the period within which the authority or institution may submit its explanation to the [State] Government. (2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of the period, the [State] Government shall make its recommendations to the Council. (3) The Council, after such further inquiry, if any, as it may think fit to make, and in a case referred to in clause (b) of sub-section (1), after considering any remarks which the [State] Council may have addressed to it, may declare,– (a) in a case referred to in clause (a) of that sub- section, that the qualifications granted by the authority concerned shall be recognised qualifications only when granted before a specified date, or (b) in a case referred to in the said clause (b), that with effect from a date specified in the declaration any person holding a recognised qualification whose period of training and study preparatory to the grant to him of the qualification was passed at the institution concerned shall be entitled to be registered only in the [State] in which the institution is situated. (4) The Council may declare that any recognised qualification granted outside the [States] *** shall be a recognised qualification only if granted before a specified date.” - 6 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 4. It is also relevant to extract the aforesaid impugned notice at Annexure-‘L’ dated 18.08.2025, which also reads as under: “File Number: 18-15/14812-INC (90189) Date: 18-08-2025 To, The Principal Secretary Government of Karnataka Medical Education Department Room No.610, 6th Floor, 4th Gate M.S.Buildigs, Bengaluru Email: secyme-hfw@karnataka.gov.in, prsecyme@gmail.com Subject: Notice under Section 14 of the INC Act- Sir/Ma'am, This is in reference to the show cause notice dated 16.08.2023 sent to S.V. College of Nursing (Bengaluru) ("College") situated at No. 33/3, Site No. 6,7,12,14 & 22, Vishweshwaraiah Extended Layout, 4th Cross, Mallathahalli, Bengaluru, Karnataka and a deficiency letter dated 19.09.2023 issued to the said college seeking their clarification by the Indian Nursing Council. The said college initially had Sunflower Hospital as its parent hospital. Subsequently, it was changed to Pragathi Multi- specialty Hospital. It is pointed out that the regulations [INDIAN NURSING COUNCIL (MINIMUM PRE-REQUISITES FOR GRANTING SUITABILITY TO NURSING PROGRAMS) REGULATIONS, 2020 dated 12.03.2021] framed by the - 7 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 Council provide the definition of Parent Hospital which is as follows- "For a nursing institution (managed by Trust) a 'Parent Hospital' would be a hospital either owned and controlled by the Trust or managed and controlled by a Member of the Trust. In case the owner of the hospital is a member of the Trust then the hospital would continue to function as a 'Parent Hospital' till the life of the nursing institution. The undertaking would also be to the effect that the Member of the Trust would not allow the hospital to be treated as 'Parent/Affiliated Hospital' to any other nursing institution and will be for minimum 30 years [i.e. signed by all members of Trust] to the undertaking to be submitted from the Members of the Trust. The beds of Parent Hospital shall be in one Unitary Hospital i.e. in same building/same campus. Further, the Parent Hospital shall be in the same State i.e. where the institution is located. a. It is to be noted that once a particular hospital is shown as 'Parent Hospital' and permission given to the nursing institution to conduct nursing courses, then, the permission/suitability granted would last as long as the said Hospital is attached as a 'Parent Hospital'. b. In case the member of the Trust withdraws the Undertaking given, in that event the permission/suitability letter issued would be deemed to have lapsed/stand withdrawn with immediate effect.” - 8 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 In terms of the aforesaid regulations, the SV institution had violated the regulations, therefore, the said institution was directed to apply afresh with the new parent Hospital. Thereafter, SV College of nursing applied afresh with Udbhava Hospital as its parent Hospital. However, after another assessment of Suitability of the SV College, it was found that the Udhbhava Hospital had only 28 beds which were inadequate for it to be considered as parent hospital of SV College. The said college was also informed of the same vide letters dated 01.01.2024 and 02.02.2024. Thereafter the SV college submitted another compliance report showing Sri Lakshmi global hospital as its parent hospital. However vide letter dated 22.02.2024, the SV college was informed that Sri Lakshmi Hospital was already declared as the parent hospital of St. Jude College of Nursing. Therefore, the same could not be considered. The SV college submitted 3rd and 4th compliance reports. However, it failed to rectify the deficiency with respect to the parent hospital. It is informed that the letters dated 31.05.2024 and 30.10.2024 issued by the Council informing about the non-compliance. Since, the SV College of nursing is recognized by the state government of Karnataka and the Karnataka state nursing council and the said college has obtained the recognition by showing the Sri Lakshmi Hospital as its parent hospital, it is informed that the definition of parent hospital has not been met by the SV college of nursing. - 9 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 The SV college has failed to comply with the regulations framed by the Indian, Nursing Council. Therefore, in accordance with the requirements of section 14 (1) (b) of the said Act you are requested to kindly give your recommendations to the undersigned within 20 days of issuance of this letter, with a copy to the concerned college if required. You are also requested to forward a copy of the enclosed statement to the Nursing Council of your State along with such remarks of the State Govt. as it may think fit and advise it to send its remarks if any in the matter directly to the Indian Nursing Council or it may send its remarks to you and endorse a copy of it to the Indian Nursing Council. On receipt of the explanation or, where no explanation is furnished within the period fixed, then on the expiry of the period, you may send your recommendations to the undersigned, in terms of section 14 (2) of the said Act, for withdrawal of recognition to the said Institution for training and study leading to award of B.Sc. (N) qualification, to enable the Council to consider the matter further. Pursuant to the aforesaid, action may be initiated, if any, against the aforesaid institution in accordance with Section 14 (3)-b of the Act. This may kindly be accorded priority. This issues with the approval of Competent Authority.” - 10 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 5. As stated supra, on 22.08.2025, the petitioner has submitted the reply to the said notice at Annexure-‘M1’ as well as to the State Government vide Annexure-‘M2’. 6. A plain reading of the provisions contained in Section 14 of the INC Act would indicate that pursuant to the communication/notice issued by the Indian Nursing Council to the State Government in terms of Section 14(1)(a) or Section 14(1)(b) of INC Act, an intimation was also sent to the petitioner, who has undisputedly submitted an explanation in this regard to the Indian Nursing Council. The said provision also stipulates that the petitioner would be entitled to offer an explanation to the State Government also pursuant to which, the State Government shall make recommendations to the respondent No.2 in terms of Section 2 of Section 14 of the INC Act and the Council, thereafter, shall proceed further, after such further enquiry in terms of Section 14(3) and 14(4) of the INC Act. 7. In the instant case, it is an undisputed fact borne out from the material on record that the petitioner has submitted his reply dated 22.08.2025 vide Annexures-‘M1’ and ‘M2’ to the - 11 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 impugned notice at Annexure-‘L’ dated 18.08.2025 and at this stage, the question of interfering with the procedure prescribed under Section 14 of the INC Act would not arise and the petition deserves to be disposed of reserving liberty in favour of the State Government and the Indian Nursing Council to consider the reply submitted by the petitioner to the respondent Nos.1 and 2 and proceed further in accordance with law in terms of Section 14 of the INC Act. 8. Under these circumstances, having regard to the fact that, pursuant to the issuance of impugned notice and reply submitted by the petitioner, the respondent Nos.1 and 2 have not proceeded further, without expressing any opinion on the merits or demerits of the rival contentions, It is deemed just and appropriate to dispose of this petition as premature and by reserving liberty in favour of the petitioner to urge all his contentions before the respondent Nos.1 and 2, who shall provide sufficient and reasonable opportunity to the petitioner and hear him and proceed further in accordance with law and by complying the principles of natural justice and take appropriate decision/appropriate order in terms of Section 14 of the INC Act. - 12 - HC-KAR NC: 2025:KHC:45989 WP No. 26377 of 2025 9. Subject to the aforesaid directions and keeping open all contentions of the parties and reserving liberty in favour of the petitioner to take recourse to such remedies as available in law, including approaching this court subsequently, if the occasion so arises, the writ petition stands disposed of. In view of disposal of the petition, pending applications do not survive for consideration and the same are also disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bss List No.: 1 Sl No.: 23