M/S S V COLLEGE OF NURSING v. THE INDIAN NURSING COUNCIL
WP/4721/2024 · 2026-02-05
S R Krishna Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 46807 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46807 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17660 WP No. 4721 of 2024 C/W WP No. 9726 of 2024 WP No. 20436 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4721 OF 2024 (EDN-RES) C/W WRIT PETITION NO. 9726 OF 2024 (EDN-RES) C/W WRIT PETITION NO. 20436 OF 2024 (EDN-RES)
IN WP NO. 4721/2024
BETWEEN:
M/S S V COLLEGE OF NURSING REPRESENTED BY ITS CHIAIRMAN, NO 33/3, SITE NO6,7,13,14 AND 22 VISHWESHWARAIAH EXTENDED LAYOUT, 4TH CROSS, MALLATHAHALLI, BANGALORE – 560 056. ...PETITIONER (BY SRI. NITIN A M, ADVOCATE)
AND:
1. THE INDIAN NURSING COUNCIL 8TH FLOOR, NBCC CENTER, PLOT NO 2, COMMUNITY CENTRE, OKHLA PHASE 1,
NEW DELHI 110 002. REPRESENTED BY ITS PRESIDENT. 2. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 011 REPRESENTED BY ITS REGISTRAR. 3. THE KARNATAKA STATE NURSING COUNCIL ANAND RAO CIRCLE,BENGALURU 560 009. REPRESENTED BY ITS REGISTRAR
4. THE STATE OF KARNATAKA
REPRESENTED BY IT’S THE
PRINCIPAL SECRETARY
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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MEDICAL EDUCATION DEPARTMENT
M.S.BUILDING, VIDHANA SOUDHA,
BANGALORE-01. ...RESPONDENTS (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL APPEARING FOR SRI. SHIVARUDRA, ADVOCATE FOR R-1 SMT. FARAH FATHIMA, ADVOCATE FOR R-2 SMT. JYOTI.M.MARADI, HCGP FOR R-3
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NO. 1 TO REMOVE THE LIST WEB HOSTED DT. 19/12/2023 LIST OF STATE NURSING COUNCIL RECOGNISED INSTITUTIONS OFFERING B.Sc(N) PROGRAMME INSPECTED UNDER SECTION 13 AND 14 OF INC ACT FOR THE ACADEMIC YEAR 2023-24 I.E. ANNEXURE-E AND ETC. IN WP No. 9726/2024 BETWEEN:
M/S S V COLLEGE OF NURSING REP BY ITS CHAIRMAN, NO.33/3, SITE NO.6,7,13,14 AND 22, VISHWESHARAIAH EXTENDED LAYOUT, 4TH CROSS MALLATHAHALLI BANGALORE – 560 056. …PETITIONER (BY SRI. NITIN A M.,ADVOCATE)
AND:
1. THE INDIAN NURSING COUNCIL 8TH FLOOR,NBCC CENTER, PLOT NO.2 COMMUNITY CENTER, OKHLA PHASE 1, NEW DELHI – 110 002. REP BY ITS PRESIDENT. 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH ‘ T’ BLOCK, JAYANAGAR, BENGALURU – 560 011. REP BY ITS REGISTRAR.
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3. THE KARNATAKA STATE NURSING COUNCIL ANAND RAO CIRCLE, BENGALURU 560 009. REP BY ITS REGISTRAR. 4. THE STATE OF KARNATAKA
REPRESNETED BY ITS
THE PRINCIPAL SECRETARY
MEDICAL EDUCATION DEPARTMENT
MS BUILDING, VIDHANA SOUDHA
BANGALORE – 560 001. …RESPONDENTS
(BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL APPEARING FOR SRI. SHIVARUDRA, ADVOCATE FOR R-1 SMT. FARAH FATHIMA, ADVOCATE FOR R-2 SMT. JYOTI.M.MARADI, HCGP FOR R-3 SRI. MANJUNATH.K, HCGP FOR R-4)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTERS / NOTICES- ISSUED BY THE INDIAN NURSING COUNCIL SECRETARY, R1, TO THE /PETITIONER VIDE LETTERS NO.18-15/14812/ -INC DTD. 16.08.2023, 19.09.2023, 29.11.2023, 01.01.2024, 02.02.2024 AND 22.02.2024 i.e., ANNX- C1, D1, E1, G1, H1 AND J1 RESPECTIVELY. IN WP NO. 20436/2024 BETWEEN:
1. KARNATAKA STATE PRIVATE MANAGEMENT ASSOCIATION OF HEALTH INSTITUTIONS REPRESENTED BY ITS GENERAL SECRETARY, NO. 07, OPP UNITY LIFE LINE HOSPITAL, 1ST BLOCK, 2ND STAGE, NAGARABHAVI, BENGALURU-560 072,BANGALORE ZONE-1, RAJARAJESHWARI NAGAR, KOTTIGEPALYA-560 072, BENGALURU ZONE-1, (REGISTERED UNDER THE SOCIETIES
REGISTRATION ACT-1960). 2. ST. JOSEPH SCHOOL OF NURSING REP. BY ITS PRINCIPAL, MALLAPURA, NELAMANGALA, BANGALORE-562 162. - 4 -
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3. THE HOLY FAMILY SCHOOL OF NURSING REP. BY ITS PRINCIPAL, NO. 4, YADALAM NAGARA, SHERADAMA,
LINGEGOWDA SMARKA BHAVAN, SUBRAMANYAPURA POST, BANGALORE-560 061. ...PETITIONERS (BY SRI. NITIN A M.,ADVOCATE) AND:
1. THE INDIAN NURSING COUNCIL 8TH FLOOR, NBCC CENTER, PLOT NO.2, COMMUNITY CENTER, OKHLA PHASE-1, NEW DELHI-110 002, REPRESENTED BY ITS PRESIDENT. 2. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 011, REPRESENTED BY ITS REGISTRAR. 3. THE KARNATAKA STATE NURSING COUNCIL ANAND RAO CIRCLE, BENGALURU-560 009, REPRESENTED BY ITS REGISTRAR. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS THE PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, M.S. BUILDING,VIDHANA SOUDHA, BANGALORE-560 001. ...RESPONDENTS (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL APPEARING FOR SRI. SHIVARUDRA, ADVOCATE FOR R-1 SMT. FARAH FATHIMA, ADVOCATE FOR R-2 SMT.
JYOTI.M.MARADI, HCGP FOR R-3 SRI. MANJUNATH.K, HCGP FOR R-4)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION TO THE R-1 TO REMOVE THE LIST WEB HOSTED DTD 15.07.2024 LIST OF STATE
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NURSING COUNCIL RECOGNIZED INSTITUTIONS OFFERING VARIOUS PROGRAMES INSPECTED UNDER SECTION 13 AND 14 OF INC ACT FOUND SUITABLE FOR THE ACADEMIC YEAR 2024-25 IE ANNX-D
THESE PETITIONS ARE BEING HEARD AND RESERVED ON 12.11.2025 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CAV ORDER
In W.P.No.4721/2024, petitioner seeks for the following reliefs:
“ a) Issue a writ of mandamus or a direction to the Respondent No. 01 to remove the list web hosted dt.19.12.2023 “ List of State Nursing Council Recognised Institutions offering B.Sc(N) Programme Inspected Under Section 13 and 14 of INC Act for the Academic year 2023- 2024” i.e., Annexure-E.
b) To declare that Respondent No.01 has no authority under section 13 of INC ACT 1947 to inspect private training institutes which are not recognised by respondent no.1 and not listed in Part I and Part II of the schedule. c) Pass such other orders that this Hon’ble Court deem fit in the interest of justice and equity.”
In W.P.No.9726/2024, petitioner seeks for the following reliefs:
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“ a) Issue a writ of certiorari quashing the letters/notice issued to the Petitioner vide letters No.: 18- 15/14812-INC dt: 16.08.2023, 19.09.2023, 29.11.2023, 01.01.2024, 02.02.2024 and 222.02.2024 i.e., ANNEXURE- C1, D1, E1, G1, H1 and J1 respectively. b) Issue a writ of certiorari to set aside and declare the notification issued in the Gazette of India: Extraordinary vide F.No. 11-1/2019-INC Dt.12.03.2021 with reference to “ Indian Nursing Council (Minimum Pre-Requisite for Granting Suitability to nursing programs) Regulations -2020” as ultra vires, i.e., ANNEXURE-B.
c) Issue a direction to the respondent no.1 to refund the and amount of Rs. 1,00,000/- which was collected from the petitioner vide receipt bearing invoice no:11925/2022 dt: 18.12.2023 i.e., ANNEXURE-E3. d) Pass such other orders that this Hon’ble Court deems fit in the interest of justice and equity. e) To set aside the correction at Sl.No.10, 11 & 12 of the notification dt. 29.11.2017F.No.11-1/2015- INC. In the Gazette Notification No.164 dated: 13.05.2015 i.e., ANNEXURE-L2. f) To set aside the notification dt. Notification No.1 of 2024 dt. 12.01.2024 and notification no.08 of 2024 dt. 28.03.2024 i..e, ANNEXURE- M1 & M2. g) To declare that the Indian nursing council has no authority to grant suitability to the Institutions imparting Nursing Course such as Bachelor of Nursing (Bsc) such as the petitioner institution.
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h) Consequently restrain Indian Nursing Council, Respondent NO.1 herein, from publishing on its website, materials indication that the institutions imparting nursing courses have to obtain suitability from the respondent No.01.”
In W.P.No.20436/2024, petitioner seeks for the following reliefs:-
“ a) Issue a writ of mandamus or a direction to the Respondent No.01 to remove the list web hosted dt. 15.07.2024 “ List of State Nursing Council Recognised Institutions offering Various Programmes Inspected Under Section 13 and 14 of INC Act Found Suitable for the Academic year 2024-2025” i.e., ANNEXURE-D.
b) Pass such other orders that this Hon’ble Court deems fit in the interest of justice and equity.”
2. W.P.No.4724/2024 and W.P.No.9726/2024 are filed by the petitioner – S.V.College of Nursing, while W.P.No.20436/2024 is subsequently filed by the petitioner – Association. 3. In W.P.No.4721/2024, petitioner has sought for a direction to the 1st respondent – Indian Nursing Council (INC) to remove a list dated 19.12.2023 issued / web hosted by the 1st respondent – INC described as “List of State Nursing Council Recognised Institutions Offering BSc.,(N) Programme inspected under Sections 13 and 14 of the INC Act for the Academic year 2023-24” and for a
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declaration that 1st respondent has no authority under Sections 13 and 14 of the Indian Nursing Council Act (for short ‘the INC Act’) to inspect private training Institutes which are not recognised by the 1st respondent and not listed in Part-1 and Part-II of the Schedule to the Act. 4.
4. So also, W.P.No.20436/2024 filed by the Karnataka State Private Management Association of Health Institutions seeks a direction to the 1st respondent – INC to remove the list dated 15.07.2024 issued by the 1st respondent and described as “List of State Nursing Council Recognised Institutions offering various Programmes for the academic year 2024-25”. 5. W.P.No.9726/2024 is filed by the very same S.V.College of Nursing seeking the aforesaid reliefs including challenging the vires of the Indian Nursing Council (Minimum Pre-requisite for Granting Suitability to Nursing Programmes) Regulations 2020, (for short ‘the said Regulations of 2020’) which came into force w.e.f.
12.03.2021. 6. Since common questions of law and fact arise for
consideration in these petitions, they are taken up together for
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7. Heard learned counsel for the petitioner and learned Senior counsel for the 1st respondent, learned counsel for 2nd respondent-RGUHS as well as learned HCGP for respondents - State and perused the material on record. 8. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that the impugned List issued by the 1st respondent – INC are illegal and contrary to the provisions of INC Act and the same deserve to be quashed. It is also submitted that the 1st respondent – INC does not have any power to inspect the petitioner – Institutions nor grant a recognition as sought to be done by them and the impugned lists, show cause notices etc., deserve to be quashed. It was also further submitted that the impugned Regulations of 2020 are unconstitutional and ultra vires the Constitution of India as well as the INC Act and the same deserve to be struck down. In support of his contentions, learned counsel for the petitioner placed reliance upon the following judgments:-
1. The Karnataka State Association of the Management of Nursing and Allied Health
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Science Institutions & Ors. v. Union of India & Ors. - WP Nos. 25355-25357/2017 decided on July 24, 2017. 2. The Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & Ors. v. The Indian Nursing Council & Ors. - Civil Appeal Nos.12759-12761 of 2017 decided on September 11, 2017. 3. The Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & Ors. v. Mrs. Ranjeet Kaur. - CCC.No.1167/2017 & CCC.Nos.1339-1340/2017 (Civil) decided on January 18, 2018. 4. Private Nursing Schools and Colleges Management Association v. The Indian Nursing Council & Ors - Special Leave to Appeal (C) No(s). 32603/2017 head on January 22, 2019. 5. The Karnataka State Association of the Management of Nursing and Allied Health Science Institutions & Ors. v. Union of India & Ors. - Writ Petition No.9541/2020 heard on August 25, 2021. 9.
Per contra, learned Senior counsel for the 1st respondent invited my attention to the provisions contained in Sections 13 and 14 of the INC Act as well as the judgment of this Court in a petition filed by the petitioner – Association in W.P.No.9541/2020 dated
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25.08.2021 in order to contend that there is no merit in the petitions and the same are liable to be dismissed. 10. I have given my anxious consideration to the rival
submissions and perused the material on record. 11. A perusal of the material on record will indicate that in W.P.No.4721/2024 and W.P.N o.20436/2024, the challenge is to the lists issued by the 1st respondent -INC showing the names of State Nursing Council Recognised Institutions inspected under Sections 13 and 14 of the INC Act for the Academic years 2023-24 and 2024-25. In this context, it is relevant to state that it is the specific contention of the petitioners that the 1st respondent – INC does not have authority to inspect petitioner – Institutes which had been recognised by the State Governing Council and not by the 1st respondent – Indian Nursing Council. The said contention cannot be accepted in the light of the judgment of this Court in the earlier round of litigation in W.P.No.9541/2020 filed by The Karnataka State Association of Management of Nursing and Allied Health Science Institutions, which was disposed of vide final order dated 25.08.2021 as hereunder:-
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“The Karnataka State Association of the Management of Nursing and Allied Health Science Institutions and four Nursing Colleges have filed this writ petition praying inter alia for a direction against Indian Nursing Council1 (respondent No.3) to remove from its website a list depicting as 'recognized Institutions by the Karnataka State Nursing Council' for the year 2019-20 and 2020-21 produced as Annexure-A.
2. It is averred in the writ petition that first petitioner is an Association of Managements of Nursing and Allied Health Sciences Institutions2. Indian Nursing Council3 has published a list for the academic year 2019-20 and 2020-21 purporting to be Nursing Institutions recognized by the State Government. The said list is with regard to Auxiliary Nurse and Mid-wife Course (ANM), General Nursing and Mid-wifery (GNM), Bachelor of Nursing (B.Sc.), Master of Nursing (M.Sc.), Post Basic Bachelor of Nursing (P.B.B.Sc.), IGNOU P.B. Diploma and Nurse Practitioner Critical Care Nursing Courses. It is not the list of Nursing Institutions recognized by the Karnataka State Nursing Council. Therefore, it is misleading and in gross disobedience of the order passed by this Court and the Hon'ble Supreme Court of India. 3.
Indian Nursing Council Act, 19474 does not stipulate that the Institutions imparting Nursing Courses
1 'INC' for short 2 'AMNAHSI' for short 3 'INC' for short
4 'INC Act' for short
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should obtain recognition from INC. Section 10 of the INC Act deals with recognition of qualifications and not recognition of any Institution. A Nursing College requires permission from the State Government. 4. The Notifications published in the website of INC give an impression that the Institutions imparting Nursing Courses should obtain recognition from the INC. 5. INC has filed its counter Affidavit contending that the writ petition is mis-conceived. INC has never purported that the list published on its website is the list of Institutions recognized by the State Nursing Council. Hence, no attempt has been made by INC to purport in any manner, the list to be, a list of State Nursing Council recognized Institutions. On the other hand, it is a list of Institutions duly inspected by the INC through physical inspection or through Affidavits filed along with relevant documents in exercise of powers under Section 13 and 14 of the INC Act. 6. Thus, in substance, petitioners' case is, the list published by INC is in violation of the common order passed by this Court on 24.07.2017. Respondents' case is that the list consists of Institutions inspected by the INC. 7. I have carefully considered rival contentions and perused the records. 8. Admittedly, petitioners had filed writ petitions No.25355-57/2017 and connected petitions for a declaration that INC has no authority to grant recognition to Institutions
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imparting Nursing Courses. This Court has allowed the said writ petitions.
The relevant paragraph reads as follows:
"16. In the circumstances, I am of the clear view that the petitions (W.P Nos.25355-57/2017) are entitled to succeed. In the result, these petitions (W.P Nos.25355- 57/2017) are allowed. It is declared that the Indian Nursing Council, Respondent No.2 herein, has no authority to grant recognition to the Institutions imparting Nursing courses. The respondent No.2 is further restrained from publishing on its website, materials indicating that the institutions imparting Nursing courses have to obtain recognition from Respondent No.2 and all such materials from which it could infer recognition is to be obtained from Indian Nursing Council stand withdrawn from its website forthwith. W.P Nos.28383-28385/2017 which is also for the similar relief is accordingly disposed of. Rule issued and made absolute accordingly."
9. The Division Bench of this Court has passed an interim order and the same was challenged in Civil Appeals No.12759-12761/2017. The order passed by the Apex Court reads as follows:
ORDER
1. Leave granted.
2. The learned Single Judge allowed the writ appeal in the following terms:
"16. In the circumstances, I am of the clear view that the petitions (W.P.Nos.25355-57/2017) are entitled to succeed. In the result, these petitions (W.P.Nos.25355- 57/2017) are allowed. It is declared that the Indian Nursing Council, Respondent No.2 herein, has no authority to grant recognition to the Institutions imparting Nursing courses. The Respondent No.2 is further restrained form publishing on its website, materials indicating that the institutions imparting Nursing courses have to obtain recognition from Respondent No.2 and all such materials from which it could infer recognition is to be obtained from Indian Nursing Council stand withdrawn from its website forthwith. W.P Nos.28383-28385/2017 which is also for the similar relief is accordingly disposed of. Rule issued and made absolute accordingly."
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3. Against the aforesaid Single Judge's judgment a writ appeal was preferred to the Division Bench of the Karnataka High Court which admitted the appeal and stayed the second part of the learned Single Judge's
order.
4. We are of the view that the two parts of the learned Single Judge's order are inextricably inter connected. Once it is declared that the Indian Nursing Council, Respondent No.2 has no authority to grant recognition to the Institutions imparting Nursing course it must follow that the Respondent No.2 is, therefore restrained from publishing on its website, the material that are indicated. We are, therefore, of the view that the interim order passed by the Division Bench must be set aside and the
order of the learned Single Judge restored. 5. The appeal are allowed in the aforesaid terms."
10. The above judgment of the Hon'ble Supreme Court of India clearly shows that INC has no authority to grant recognition and it has been restrained from publishing on its website the material indicated therein. 11. In Annexure-A, impugned in this writ petition, INC has web-hosted list of State Nursing Council recognized Institutions offering GNM program and other courses, inspected under Sections 13 and 14 of the Act. 12. Shri. Ponnanna, learned Senior Advocate for the petitioners contended that to a common man, it gives an impresson that INC has inspected the list of Institutions mentioned in Annexure-A and only those Institutions are recognized. Therefore, it is in violation of the order passed by the Apex Court. 13. Shri. D.L.N. Rao, learned Senior Advocate for the INC submitted that INC has power to inspect the Institutions under Sections 13 and 14 of the Act. INC has
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web-hosted the list of those Institutions, which have subjected themselves for Inspection. Students pursuing Nursing and other courses in respect of which Annexure-A has been web-hosted, are para-medical staff. Therefore, they must undergo proper theory and practical courses. The Institutions must ensure that the students who pass the said courses are imparted with necessary knowledge to deal with the patients. Therefore, the Institutions must have proper infrastructure and well qualified teaching faculty. 14. Shri.Chandrashekar, learned Advocate for respondent No.6 and Shri. Adithya Sondhi, learned Senior Advocate for respondent No.7 argued opposing the writ petition and submitted that the list published by the INC gives a clear picture as to which Institutions have subjected themselves for inspection. Though State Government have power to recognize the Institutions, the power to inspect the Institutions with regard to facilities and teaching faculty is with the INC. 15. It cannot be gainsaid that the para-medical staff must have undergone proper theory and practical classes, as they will be dealing with the patients in the Hospital. 16. It is also not in dispute that INC has the power to inspect the Institutions with regard to infrastructure and teaching faculty. 17.
The Apex Court, in Civil Appeals No.12759- 12761/2017 has held that INC has no authority to grant recognition to the Institutions imparting Nursing Course and
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it has been restrained from publishing the material indicated therein on its website. 18. In view of the admitted position that inspection can be conducted by the INC, its right, to place in public domain, the Institutions inspected by it, cannot be curtailed. At the same time, in view of the order passed by the Apex Court, the argument advanced on behalf of Shri. Ponnanna also has some force. 19. In the facts and circumstances of this case, in the opinion of this Court, it would be appropriate for the INC to web-host the clear position emerging from the order passed by the Apex Court. This can be achieved by directing the INC to first show the entire list of Institutions recognized by the State Government in its website. 20. Hence, the following:
ORDER
This writ petition is disposed of with following directions. (i) The third respondent - INC shall web host the full order of the Apex Court in Civil Appeals No.12759- 12761/2017 and the link, to the website hosted by the State Government, namely, www.ksnc.karnataka.gov.in., which contains the list of Institutions recognized by the State Government.
(ii) The INC shall be at liberty to web host the list of institutions inspected by it together with the list in Clause (i) and not as an independent list.
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(iii) The third respondent shall make necessary changes in its web page forth with.
No costs.”
12. As can be seen from the aforesaid judgment, this Court has categorically held that the 1st respondent – INC has authority and jurisdiction to conduct inspection of the petitioner – Institutions under Section 13 of the INC Act and as such, the various
contentions urged in W.P.No.4721/2024 and W.P.No.20436/2024 cannot be accepted.
13. Section 13 of the INC Act reads as under:-
“13. Inspections.–– (1) The Executive Committee may appoint such number of inspectors [whether from among members of the Council or otherwise] as it deems necessary to inspect any institution recognised as a training institution, and to attend examinations held for the purpose of granting any recognised qualification or recognised higher qualification. (2) Inspectors appointed under this section shall report to the Executive Committee on the suitability of the institution for the purposes of training and on the adequacy of the training therein, or as the case may be on the sufficiency of the examinations.
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(3) The Executive Committee shall forward a copy of such report to the authority or institution concerned, and shall also forward copies, with the remarks, if any, of the authority or institution concerned thereon, to the Central Government and to the 4[State] Government and 4[State] Council of the [State] in which the authority of institution is situated.
14. A plain reading of Section 13 of the INC Act is sufficient to come to the conclusion that the power is vested with the 1st respondent – INC to conduct inspection of the petitioners – Institutions and consequently, I am of the view that there is no merit in the various contentions urged by the petitioners in this regard and the same are liable to be rejected.
15. The petitioners have contended that in the aforesaid
judgment in W.P.No.9524/2020 and other earlier judgments of this Court and the Apex Court, it has been held that the 1st respondent – INC does not have power to grant recognition and as such, the 1st respondent also does not have authority to withdraw the recognition granted in favour of the petitioner – Institutions. In this context, it is necessary to extract Section 14 of the INC Act, which reads as under:-
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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 4[State] Council for the training of nurses, midwives 5[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, with an intimation of the period within which the authority or institution may submit its explanation to the [State] Government. - 21 -
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(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 4[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.”
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16. The aforesaid provisions contained in Sections 13 and 14 clearly indicate that the same empowers the INC to inspect Institutions, regulate suitability and withdraw recognition, if Institutions may failed to meet required standards. Under these circumstances, even this contention urged by the petitioner cannot be accepted and as such, I am of the view that both W.P. No.4721/2024 and W.P.No.20436/2024 are devoid of merit and the same are liable to be dismissed. 17. A perusal of the material on record will indicate that M/s.S.V.College of Nursing which is the petitioner in W.P.No.4721/2024 has subsequently preferred W.P.No.9726/2024 challenging the vires, constitutionality and validity of the said Regulations of 2020 (w.e.f.12.03.2021) and challenging the action of the 1st respondent – INC in issuing show cause notices to the petitioner and not including the petitioner – Institutions in its Lists for the academic years 2023-24 and 2024-25.
In this context, it is pertinent to note that the 1st respondent – INC has repeatedly informed / intimated the petitioner that it no longer possess the requisite suitability due to change in the parent Hospital and since the petitioner did not comply with the INC Act and the said
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Regulations, 2020, the name of the petitioner – Institution was not included in the list of colleges issued by the 1st respondent – INC. Regulation 5 of the said Regulations, 2020 mandate that a nursing college must have a permanent parent Hospital owned or controlled by the same Trust for atleast 30 years and since the petitioner changed its parent Hospital from Sunflower Hospital to Udbhava Hospital and thereafter to Sri.Lakshmi Global Hospital, which was impermissible under the Regulations, the name of the petitioner was not included in the Lists for the academic years 2023-24 and 2024-25 and show cause notices were issued to the petitioner due to its non-compliance with infrastructural and clinical requirement, which would affect the quality of education. Under these circumstances, the various contentions urged by the petitioner in W.P.No.4721/2024 cannot be accepted. 18. The petitioner in W.P.No.4721/2024 has challenged the constitutional validity and vires of the said Regulations of 2020. In my considered view, neither valid nor sufficient grounds have been made out by the petitioner in support of its contention in this regard. The INC Act, 1947 establishes the 1st respondent – INC as a Central Autonomous body responsible for maintaining uniform
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standards in Nursing Education across India.
Sections 10, 11, 13 and 14 of the INC Act outline the framework for recognition, inspection and withdrawal of recognition of Nursing Institutions; while Section 10 grants INC, the power to recognise nursing qualifications and Universities must obtain a recognition from INC, Section 11 ensures that the students can only register as nurses, if their qualifications are INC recognised; so also, Section 13 empowers INC to inspect Nursing Institutions to assess their suitability for offering nursing programmes and Section 14 allows INC to withdraw recognition, if Institutions failed to meet prescribed standards restricting students from practising outside their respective States. It is therefore clear that INC’s power to inspect and assess suitability is statutorily mandated and essential for maintaining educational standards and publishing lists of inspected Institutions ensures transparency and safeguard students, preventing them from enrolling in non-compliant Institutions. 19. The impugned Notification at Annexure-M1 dated 12.01.2024 empowers the INC to inspect State Nursing Council Recognised Institution for suitability and the impugned Notification at Annexure-M2 dated 28.03.2024 merely extended a deadline for
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submitting renewal applications until 12.04.2021 and in the absence of any material or ground urged or substantiated by the petitioner as to how these impugned Notifications are illegal or invalid, I am of the view that the challenge put forth by the petitioner to the said Notifications is liable to be rejected. So also, the challenge to the Notification requiring a parent Hospital was issued in public interest to ensure that nursing students receive proper clinical training and the said requirement is essential for maintaining educational standards is equally devoid of merit and liable to be rejected; in any event, the impugned Regulations of 2020, were framed after expert consideration ensuring high nursing education standards which are legally binding and enforceable making the challenge unsustainable.
Under these circumstances, the various contentions urged in W.P.No.9726/2024 also cannot be accepted and the same are liable to be rejected. 20. In view of the foregoing discussion, I do not find any merit in the petitions and the same are hereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.