IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 33370 of 2009(M) --------------------------------------- PETITIONER(S): ------------------------ 1. AKHILA RAVINDRANATHAN D/O. RAVINDRANANTHAN 3RD YEAR STUDENT, T.M.M.COLLEGE OF NURSING ANJILITHANAM P.O.KAVIYOOR 2. MERCY RIA A.F, D/O.FRANCIS ROMICO 3RD YEAR STUDENT,T.M.M.COLLEGE OF NURSING ANJILITHANAM P.O.KAVIYOOR. 3. NISSY JOSEPH, D/O. P.A.JOSEPH 3RD YEAR STUDENT,T.M.M.COLLEGE OF NURSING ANJILITHANAM P.O.KAVIYOOR. 4. RICKY ANIYAN VARGHESE, S/O.ANIYAN VARUGHESE, 3RD YEAR STUDENT,T.M.M.COLLEGE OF NURSING ANJILITHANAM P.O.KAVIYOOR. 5. RIJU SAM, AGED 24 YEARS, 3RD YEAR STUDENT,T.M.M.COLLEGE OF NURSING ANJILITHANAM P.O.KAVIYOOR. BY ADVS.MR.SAJITH KUMAR V. SMT.G.R.LEKSHMI MR.RINOY JOSEPH RESPONDENT(S): -------------------------- 1. M.G.UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINY HILLS, ATHIRAMPUZHA P.O.,KOTTAYAM. 2. THE CONTROLLER OF THIS EXAMINATIONS M.G.UNIVERSITY PRIYADARSINY HILLS, ATHIRAMPUZHA P.O.,KOTTAYAM. 3. THE PRINCIPAL T.M.M.COLLEGE OF NURSING ,KAVIYOOR,THIRUVALLA. BY MR.T.A.SHAJI, SC ,(FOR M.G.UTY) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, ALONG WITH WPC. NO.33410 OF 2009 & 33412 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) Nos.33370, 33410 & 33412 of 2009 ---------------------------------------- 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