In a significant ruling, the Karnataka High Court declared that a State Nursing Council cannot require a certificate of registration or recognition from the Indian Nursing Council (INC) to enrol or register individuals to practice nursing within that state. The judgment, delivered by Justice Suraj Govindaraj, specifically directed the Kerala Nurses and Midwives Council to register the petitioners and any other graduate holding a nursing degree, thus enabling them to practice in Kerala.
The petitioners, Daniya Joy and Neethu Baby, residents of Kasaragod district in Kerala, had completed their BSc Nursing at New RK College of Nursing in Mangaluru. Upon applying for registration with the Kerala Nurses and Midwives Council, they received a notice in April 2024 requesting them to submit their INC registration or affiliation from the nursing institution they graduated from. However, the petitioners contested this requirement, with the college itself clarifying that INC registration was not needed for the process.
Justice Govindaraj emphasized that there is no obligation for nursing institutions to obtain recognition from the INC, nor is it required for a nursing graduate to be registered with the INC. The court pointed out that the Indian Nursing Council’s guidelines regarding qualifications do not equate to registration or recognition by the Council. It further stated that the Kerala Nurses and Midwives Council should have processed the petitioners’ registration, as they had successfully completed their BSc Nursing education.
The judgment affirmed that a State Nursing Council cannot reject a graduate’s registration application simply because their college is outside the state or not affiliated with the INC.
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