IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33370 of 2009(M)
1. AKHILA RAVINDRANATHAN
... Petitioner
2. MERCY RIA A.F, D/O.FRANCIS ROMICO
3. NISSY JOSEPH, D/O. P.A.JOSEPH
4. RICKY ANIYAN VARGHESE,
5. RIJU SAM, AGED 24 YEARS,
Vs
1. M.G.UNIVERSITY, REPRESENTED BY ITS
... Respondent
2. THE CONTROLLER OF THIS EXAMINATIONS
3. THE PRINCIPAL
For Petitioner :SRI.SAJITH KUMAR V.
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :20/11/2009
O R D E R
P.N.RAVINDRAN,J.
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W.P.(C) Nos.33370, 33410 & 33412 of 2009
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Dated 20th November, 2009
Judgment
The petitioners in these writ petitions are students
undergoing the B.Sc. degree course in Nursing in T.M.M.
College of Nursing affiliated to the Mahatma Gandhi University.
As per the University regulations, no candidate shall be
admitted to the subsequent higher examination unless he or
she has passed the previous examination. In other words, a
candidate can appear for the second year B.Sc. Nursing
examination only if he or she has passed the first year B.Sc.
Nursing examination. Likewise, appearance in the third year
and fourth year examinations depend on the candidate passing
the second year and third year examinations. Further, it is
stipulated that a candidate who has failed in the first year
B.Sc. degree examination can continue the course of study up
to the third year but cannot attend the fourth year classes until
he or she passes the first year examination.
W.P.(C) No. 33370, 33410 & 33412/2009 2
2. The petitioners in these writ petitions have not passed
first year B.Sc. degree examination in Nursing conducted by
the Mahatma Gandhi University. They have applied for
revaluation of their answer scripts of the said examination.
The result of revaluation has not yet been published. Though
they appeared in the supplementary examination, they again
failed in various papers. They have therefore applied for
revaluation of their answer scripts of the said examination as
well. These writ petitions are filed primarily seeking a direction
to the University to permit them to appear for the second year
B.Sc. degree examination. As noticed earlier, as per the
University regulations, the petitioners can appear for the
second year examination only if they pass the first year
examination. In such circumstances, as held by a Division
Bench of this Court in W.A.No.2336 of 2008 and connected
cases, the petitioners cannot seek or be granted the reliefs
prayed for in these writ petitions.
W.P.(C) No. 33370, 33410 & 33412/2009 3
3. I had by an interim order passed on 16.11.2009 in
W.P.(C) Nos.31757 of 2009 and connected cases declined to
grant to the petitioners therein permission to appear for the
second, third and fourth year examinations since they had not
cleared the first, second and third year examinations. The
correctness of the said order was canvassed before a Division
Bench in W.A.No.2581 of 2009 and connected cases. The said
writ petitions and the writ appeals were disposed of by a
common judgment delivered on 19.11.2009. The learned
counsel on both sides submit that the Division Bench has by
the said judgment directed the University to publish the result
of the revaluation within two months from today and has also
directed the University to conduct a supplementary
examination within six months from today to enable such of
those candidates who do not secure a pass on revaluation to
again appear in the papers in which they have failed.
In the light of the directions issued by the Division Bench
in W.A.No.2581 of 2009 and connected cases, no further
orders are called for in these writ petitions except to direct that
W.P.(C) No. 33370, 33410 & 33412/2009 4
the rights of the petitioners in these cases also shall be
governed by the directions issued by the Division Bench in
W.A.No.2581 of 2009 and connected cases.
P.N.RAVINDRAN
Judge
vaa