IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34698 of 2010(J)
1. RINKU VARGHESE, AGED 23 YEARS, D/O.
... Petitioner
Vs
1. MAHATMA GANDHI UNIVERSITY,
... Respondent
2. THE VICE - CHANCELLOR,
3. CONTROLLER OF EXAMINATIONS,
For Petitioner :SRI.ABRAHAM VAKKANAL (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 34698 OF 2010
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Dated this the 18th day of November, 2010
J U D G M E N T
Petitioner is a Final year B.SC Nursing Student in the Mar
Baselious College of Engineering, Kothamangalam affiliated to the
1st respondent University. In the third year, when the results were
published on 3.7.2010, she failed in the paper “Mental Health
Nursing”. She applied for revaluation on 19/7/2010 and the
revaluation results are awaited. She attended 4th year classes
and the 4th year examination is scheduled to take place on
19/11/2010. For the reason that the petitioner has not
successfully completed all the subjects of the third year,
University has not issued hall tickets, though College has
accepted the examination fees. It is complaining of the above,
the writ petition is filed.
2. Counsel contends that the petitioner having applied for
revaluation and the results are awaited, and since she attended
the classes, the University should be directed to issue the hall
tickets. However, learned counsel for the University invites my
attention to Clause 9 of Ext.P1 regulation and rightly contends
WPC No. 34698/10
:2 :
that in terms of the regulations, a student can appear for the final
examination only if she has passed all subjects of the third year.
Learned standing counsel for the University has also brought to
my attention judgment of the Division Bench in WA No.1244/10
where in the case of similarly situated BHMS students, Division
Bench had declined relief.
3. Petitioner does not satisfy the conditions laid down in
Clause 9 of the Regulation, which provide that student who has
passed all the papers of the third year alone can appear for the 4th
year examination. Therefore, the University cannot be faulted for
what it has done. However, learned counsel for the petitioner
relied on Ext.P9 judgment and contended that in a similar case,
relief was granted by this court, taking note of the fact that the
student was awaiting results of the revaluation. However, as
noticed above, this issue is fully covered against the petitioner by
virtue of the Division Bench judgment in WA No.1244/10, where
relief was declined. This Court being bound by the Division Bench
cannot place reliance on Ext.P9 and take a different view.
4. Therefore, writ petition is dismissed, but however, the
University shall complete the revaluation sought for by the
WPC No. 34698/10
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petitioner, and results thereof shall be declared, at any rate within
4 weeks of production of a copy of this judgment.
Now that the petitioner is not issued the hall ticket, the
authorities will ensure that the examination fee remitted by the
petitioner will be refunded to her.
ANTONY DOMINIC, JUDGE
Rp