Kerala High Court Directs Action Against Private Nursing Colleges Not Providing Salary To Teachers As Per UGC Scale

The Kerala High Court has directed the State Government and the Indian Nursing Council to act against private Nursing Colleges not providing salary to teachers as per the UGC scale.

The Court was considering a Petition filed by an association of teachers teaching in private nursing colleges in the State of Kerala seeking compliance of 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.

The Bench of Justice D.K. Singh observed, "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...... After considering their response, the State Government shall submit the report and recommendations to the Indian Nursing Council/ the 2nd 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."

The Petitioners were represented by Advocate Rajit, while the Respondents were represented by Senior Advocate P Sreekumar and others.

The grievance of the Petitioner was 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 and 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.

The Court noted that the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. (Nursing) Program) Regulations 2020 have not been challenged by anyone and 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," the Court observed.

The Petition was accordingly closed.

Cause Title: Kerala State United Nurses Association vs. Union of India (Neutral Citation: 2025:KER:50876)

Appearances:

Petitioners- Advocate Rajit

Respondents- Standing Counsel Binny Thomas, Senior Counsel P. Sree Kumar, Standing Counsel Dr. Abraham P. Meachinkara, Advocate Tony George Kannanthanam, Standing Counsel Vivek Menon, Advocate Thomas George, Senior Government Pleader Premchand R. Nair, Advocate Ebee Anthony, Advocate Ajith George Koola

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