THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO.7170 OF 2009 AND WRIT PETITION NO.7273 OF 2009 COMMON ORDER: These two writ petitions are filed with a common prayer to declare the action of the respondents – Dr. N.T.R. University of Health Sciences – in insisting upon the petitioners to secure minimum 50% marks in University Examination of B.Sc. (Nursing) Degree course excluding Internal Assessment marks as arbitrary and illegal. The petitioners in W.P.No.7170 of 2009 are the 2nd year students of B.Sc. Nursing in Indian College of Nursing, Rajanagaram, Wanaparthy Mandal, Mahaboobnagar District, whereas the petitioners in W.P.No.7273 of 2009 are the 3rd year students in the same college. The 1st respondent University vide proceedings dated 4.12.2008 informed the Principals of all the affiliated Colleges of Nursing that the Regulations governing B.Sc. Nursing Course shall be implemented promptly in the interest of the students and to improve the standard of Medical education. Some of the important Regulations extracted in the said proceedings included the requirement of the minimum marks in Internal Assessment and University Examinations as under : B.Sc (Nursing) New Scheme: “In respect of B.Sc. (Nursing) New Scheme, the candidates who secured less than 50% marks in Internal Assessment examinations are to be detained and not eligible to attend examinations. Similarly the candidates have to secure minimum 50% marks in University examination excluding Internal Assessment marks to be declared as pass.” While alleging that the above said instructions vide proceedings dated 4.12.2008 were issued by the 1st respondent University without any notice to the students after commencement of the annual examinations, it is contended by the petitioners that the action of the respondents in seeking to implement the said regulations is arbitrary and illegal. It is further contended that as per the practice in vogue and the procedure prescribed in the syllabus furnished to the students, minimum pass marks have been prescribed as 50% in each of theory and practical papers separately which include marks in Internal Assessment examinations and none of the students are aware of the alteration in the examination scheme. It is claimed that they came to know of the new scheme only after receiving their Marks Memos from which it was found that their performance was assessed insisting on minimum 50% marks separately in University and Internal examinations. On account of the implementation of the new scheme, several students have failed in the examinations. It is contended that the action of the 1st respondent University in intimating to the Principals of the Colleges about the change in the examination pattern after the commencement of the examinations and insisting on implementation of the same without any prior notice to the students is arbitrary and illegal. In the counter-affidavit filed on behalf of the University, it is explained that Indian Nursing Council by letter dated 2.5.2005 directed to implement the revised syllabus and regulations (2004) for B.Sc. (Nursing) Course from the academic year 2005-06 onwards with a maximum of one year grace period. Accordingly, by letters dated 05.11.2005, 06.01.2007 and 23.01.2007, all the Principals of the affiliated Colleges of Nursing were informed to follow the Indian Nursing Council Syllabus, 2004 from the academic year 2006-07 onwards and the Principals were requested to circulate it among the staff and students of respective colleges immediately. The scheme of examination from 1st year to 4th year of Nursing Course was communicated to all the Principals of the affiliated Colleges of Nursing vide letter dated 23.01.2007 with a request to implement the same from the academic year 2006-07 onwards. In the B.Sc. Nursing Course Hand Book published by the University which is applicable to the students from the year 2006-07 batch, it has been made clear that the candidates have to pass Internal and External examinations separately in each of the paper. In the letter dated 20.9.2008 addressed to all the Principals of the Colleges Nursing, it was reiterated that the candidates appeared in New Scheme have to secure 50% in Internal Assessment and 50% in University examinations to be declared as pass. The same is again reiterated in letter dated 16.10.2008 and the subsequent letter dated 4.12.2008. The said new Scheme has been given wide circulation among all the students and the same is being implemented from the academic year 2006-2007 onwards uniformly and already three (3) batches have undergone training in New Scheme in 170 Colleges of Nursing in the State of Andhra Pradesh. I have heard the learned counsel for both the parties and perused the material on record. Admittedly the petitioners in W.P.No.7170 of 2009 joined the B.Sc. (Nursing) Degree Course in the academic year 2007-08 and the petitioners in W.P.No.7273 of 2009 joined the course in the academic year 2006-07. It is clear from the material placed before this Court that the Indian Nursing Council has revised the basic B.Sc. Nursing Syllabus in exercise of powers conferred under Section 16 of the Indian Nursing Council Act, 1947. In order to ensure uniform standard of Nursing education in the country, the Indian Nursing Council found that it is essential to implement the revised syllabus of basic B.Sc. Nursing in the State of Andhra Pradesh from the year 2006-07 with a maximum of one year grace period. One of the important changes effected under the revised syllabus is that the candidate has to pass in Internal and External examinations separately in each of the paper. The revised syllabus has been placed before the Board of Studies before the 1st respondent University as well as the Academic Senate Executive Council for approval for implementation of the same from the academic year 2006-07. The said fact has been notified in all the Colleges and circulated among the staff and the students. The same has also been elaborately stated in the B.Sc. Nursing Hand Book from the academic year 2006-07 onwards every year. In the circumstances, the contention of the writ petitioners that they were not aware of the alterations brought in the system of examination cannot be accepted. As pointed out by the learned counsel for the respondents, the revised syllabus has been in force from the academic year 2006-07 onwards and the same is being followed in about 170 Colleges of Nursing affiliated to the University uniformly. In the hand book placed before this Court the said condition has been specifically mentioned. The proceedings of the 1st respondent dated 4.12.2008 which is impugned in these writ petitions is nothing but an intimation to the Principals of the Colleges reiterating that they have to scrupulously implement the revised syllabus. Absolutely, no case is made out to hold that the said action of the University is arbitrary and illegal. The mere hardship said to have been faced by the petitioners cannot be a ground to grant the relief as prayed for. Accordingly, both these writ petitions are dismissed. No costs. _______________ G. ROHINI, J. Dt. 16.09.2009 gbs