IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 30773 of 2009(N) -------------------------- PETITIONERS): --------------- 1. RABIYAJHULADHABIYA, AGED 26 YEARS, W/O.N.S.AYOOB, NONDATHPARAMBIL HOUSE, P.O.KIZHUPILLIKKARA, THRISSUR. 2. SINDHU PAUL, PANAKKAL, AGED 34 YEARS, W/O.ANTHONY.P.J, PANAKKAL HOUSE, ERANNELLUR P.O., KECHERI, THRISSUR. 3. SAJI.E.A, AGED 27 YEARS, W/O.JOFFY JOSE.T., THYKKADAN HOUSE, PULLANIKKADU P.O., VADAKKANCHERY, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: --------------- 1. THE CONTROLLER OF EXAMINATION, CALICUT UNIVERSITY, CALICUT. 2. THE CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CALICUT. 3. WEST FOR ACADEMY FOR HIGHER EDUCATION, P.B.NO.16, MULANGUNATHUKAVU, P.O.PATTORE, THRISSUR-680 581. ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ------------------------- W.P ( C) No.30773 of 2009 -------------------------- Dated this the 7th January, 2010 J U D G M E N T Petitioners herein are seeking for a direction to the 1st respondent to allow them to appear for the second semester examination in the next chance irrespective of the back logs. There is also a further prayer for a direction to conduct the Physiology paper of the 1st semester in Post Basic B.Sc Nursing within two weeks and publish the results expeditiously. 2. Petitioners herein are students of Post Basic Nursing Course under the 2nd respondent University. They joined the course in August 2007. The total duration of the course is two years with four Semesters and it was completed on 25.9.2009. 3. Going by the pleadings of the parties, it is evident that two examinations for the 1st semester are over. It is a fact that the petitioners could not clear the paper " Physiology" in the said examinations. 4. It is contended by the learned counsel for the petitioners that there had been undue delay on the part of the University in conducting the examination as per W.P ( C) No.30773 of 2009 2 schedule and therefore indulgence is required for enabling them to write the second semester examination even without clearing the back logs. It is contended that as regards the first batch of students, the University itself had allowed them to appear for the second semester examination without clearing the papers of the first semester. It is contended that at, any rate, the said concession could be extended to the petitioners since there are only three candidates remaining for clearing the said papers. 5. Respondents have filed a counter affidavit explaining all the circumstances. It is pointed out that as per the regulations Post Basic, B.Sc Nursing students have to pass the entire papers of the first semester before appearing for the examinations of second semester. This condition is stipulated in the case of examinations of the subsequent semesters also. 6. First semester was conducted in respect of the petitioners in May 2008. Result was published in November 2008. The petitioners had failed in the W.P ( C) No.30773 of 2009 3 examination for Physiology and Micro Biology papers. Next first semester examination was conducted in April 2009 and the result was published in October 2009. Though the petitioners have appeared for the same, they failed in the paper Physiology. It is contended that the petitioners therefore have become ineligible to attend the examinations of the subsequent three semesters. 7. Reliance is placed on clause 8 of the regulations, which reads as follows: "No candidate shall be admitted to subsequent exams unless he/she has passed the exams of the previous semesters. However the candidate can continue the course of study." Reading of the above clause shows that the contentions raised by the University are well founded. 8. In that view of the matter, I am of the opinion that petitioners cannot insist that they should be allowed to write the second semester examination without clearing the papers of the first semester examination. 9. Learned standing counsel for the University submitted that they are proposing to conduct the next W.P ( C) No.30773 of 2009 4 supplementary examination in these papers in April-May 2010. 10. Learned counsel for the petitioner submitted that since there are only three students, namely, the petitioners herein without any further delay the University can conduct the examination and even pre-pone the examination, scheduled in April-May 2010. It is entirely a matter for the University to consider. Since the University has offered to conduct the examination in April-May 2010, petitioners will be permitted to appear for the said examination. If the supplementary examination for any other batch is being conducted, in the meanwhile, the plea of the petitioners for conducting their examinations at an early date along with others will be considered. Writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.30773 of 2009 5 W.P ( C) No.30773 of 2009 6