IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WA.No. 1547 of 2011() --------------------- APPELLANT/PETITIONER: -------------- ABDULLA K., B.SC NURSING STUDENT, MALIK DEENAR COLLEGE OF NURSING, THALANGARA P.O., KASARAGOD DISTRICT-671 122. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS/RESPONDENTS: --------------- 1. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MANGATTUPRAMBA, THE KANNUR UNIVERSITY CAMPUS P.O., KANNUR-670 567. 2. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, MANGATTUPRAMBA, THE KANNUR UNIVERSITY CAMPUS P.O. KANNUR-670 567. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 & 2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1547 of 2011 .................................................................... Dated this the 19th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Appellant, a 4th year student of Nursing is ineligible to write the examination on account of failure in one subject in the third year. The paper in which appellant failed was again written by him a second round, wherein the result is no better. He has applied for revaluation on 29.9.2011 and the prayer is for a direction to the respondents to permit the appellant to write the 4th Semester examination. The learned Single Judge only directed revaluation of the answer book in the failed subject in terms of appellant's request at the earliest. In other words, permission to write the final examination provisionally is declined, against which Writ Appeal is filed. 2. After hearing counsel for the appellant and after going through the orders, we do not find any justification to grant the prayer because we are not convinced that the appellant is likely to pass the qualifying 2 examination in revaluation because the shortage in marks for a pass is substantial. Consequently Writ Appeal is dismissed. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms