IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18506 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. RESHMA RAJ,AGED 19 YEARS,D/O.RAJ. ARUPATHIL HOSUE, MUTTAR P.O. MUTTAR, PIN:680574 2. ELIZABETH C. KURIAN,AGED 20 YEARS, D/O. KURIAN, CHIRATTEA PARAMBIL HOUSE, PUTHUPALLY P.O.,KOTTAYAM. 3. JIYA ABRAHAM,AGED 19 YEARS, D/O. ABRAHAM,CHENATHARAYIL HOUSE, THIRUVALLA. 4. RENI.K.PULIP, AGED 20 YEARS, D/O. PHILIP, KALLUVILAYIL HOUSE, ENNAKROV P.O. CHENGANNOOR. 5. REENA JAMES, AGED 19 YEARS, D/O. JAMES, KARAKATTU,KANICHUKULAM, KOTTAYAM - 686553. 6. ANJU KURIAN,AGED 19 YEARS, D/O. KURIAN, MOOLAYIL HOUSE, N.PIRAMADOM P.O., CHETTIKANDAM, ERNAKULAM 686667. 7. JEEVA RAJEN, AGED 19 YEARS, D/O. RAJAN,J.K.HOUSE, THEPPUPARA P.O., PARAKODE (VIA) PATHANAMTHITTA-691554. 8. NEETHU VARGHESE, AGED 19,D/O. VARGHESE, KOLLARA HOUSE, VAZHAPPALLY P.O. CHANGANACHERRY, PIN:686103 WP(C).No. 18506 of 2009 :: 2 :: \ 9. ANCY V.JOY,AGED 19 YEARS,D/O.JOY, KOVOOR HOUSE, MUNDAKKAL P.O., NEAR OPEN EDUCATION CENTRE, KOLLAM -1. 10. TINU V.VARGHESE,AGED 20 YEARS, D/O. VARGHESE, VELLAVIL HOUSE, VALANJAVATTOM P.O. TIRUVALLA. 11. ASHLIN MARIAM JOHNS,AGED 20 YEARS, D/O. JOHNS,PUSHPAGIRI COLLEGE OF NURSING, THIRUVALLA. 12. RINSU ZAIRA RAJ, D/O. RAJ,AGED 20 YEARS, OMACHERIL HOUSE, ANAPARAMPAL NORTH P.O. THALAVADY. 13. SHARU LEEMA SPARK,D/O.LEEMA AGED 19, VADASSERY HOUSE, NARAKKAL P.O. ERNAKULAM 14. NOBLE PAUL, AGED 20 YEARS, S/O. PAUL, JERLELY,THABORE P.O.,PARAMBAYAM. 15. SUDEEP.C.JOSE,AGED 20 YEARS, S/O.JOSE, CHONKARA HOUSE,MYLAMPULLY, NAMPULLIPURA P.O. PALAKKAD. 16. JOBIN C.PHILIP,AGED 20 YEARS, S/O.PHILIP, CHIRAYATH HOUSE, ATHIRANKAL P.O.,KONNI. 17. ROSEMOL V.J. AGED 20 YEARS, D/O.JOSE, VADUKKUMCHERY HOUSE, THURUTHIPURAM. 18. BIJIL GEORGE, AGED 20 YEARS, D/O. KARUMATHI,NEDUVANNUR, CHOWARA 19. SREEJA S.,AGED 20 YEARS, D/O.SAHODARAN LISIE COLLEGE OF NURSING, ERNAKULAM 20. RAIDA JOHNSON, AGED 19 YEARS, D/O. JOHNSON, LISIE COLLEGE OF NURSING ERNAKULAM. WP(C).No. 18506 of 2009 :: 3 :: 21. NEETHU BABY,AGED 19 YEARS, D/O. BABY LISIE COLLEGE OF NURSING, ERNAKULAM 22. SHEENA ELIAS, AGED 19 YEARS, D/O.ELIAS, LISIE COLLEGE OF NURSING ERNAKULAM. 23. SIJA V.A.AGED 20 YEARS,D/O. VARGHESE, VAZHAPPALLY HOUSE,KUNDOOR P.O.,KUNDOOR. 24. FEMIN PHILIP, AGED 21 YEARS, D/O.PHILIP, PADANNACKAL, NETTOR P.O.ERNAKULAM. 25. SUMI VARGHESE, AGED 20 YEARS, D/O.VARGHESE, KARUTHURUTHIL HOUSE, THURAVOOR, THURAVOOR P.O. ALLAPPEY DISTRICT. 26. LISMY DEVASEY, AGED 20 YEARS, D/O.DEVASEY, ATCHAMPILLY, SREEMOOLANAGARAM. 27. MERLIN PUNNOOSE, AGED 20 YEARS, D/O.PUNNOOSE,LISIE COLLEGE OF NURSING, ERNAKULAM. 28. ATHIRA JOHN, AGED 20 YEARS,D/O.JOHN, LISIE COLLEGE OF NURSING, ERNAKULAM. 29. RIYA MATHEW, AGED 20 YEARS, D/O. MATHEW,ALUMOOTTIL HOUSE, VADAVATHOOR P.O. KOTTAYAM. BY ADV. SRI.R.SANTHOSH BABU SRI.K.K.GOPALAKRISHNAN NAIR (178/74) RESPONDENT(S): --------------- 1. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. WP(C).No. 18506 of 2009 :: 4 :: 3. THE PRINCIPAL, PUSHPAGIRI COLLEGE OF NURSING, THIRUVALLA, PATHANAMTHITTA DISTRICT. 4. THE PRINCIPAL, LISIE COLLEGE OF NURSING, LISIE HOSPITAL, KOCHI. BY SRI.T.A.SHAJI - SC FOR MG UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.18506 of 2009 ---------------------------------------- Dated this the 6th day of July, 2009. JUDGMENT The petitioners are B.Sc Nursing Students. After they have registered for the 1st year Examination, they were permitted to attend the 2nd year Examination. But the results of the 1st year examination was published only in June, 2009. By the time, they had already commenced second year classes. They have failed in more than two subjects in the first year examination. 2. Normally, where the course is conducted on an yearly basis, the candidates should get at least one chance to successfully clear the papers in the supplementary examinations. That has not been afforded to the petitioners in this case. 3. Therefore, it is only appropriate that the petitioners are permitted to continue to attend the classes, till the supplementary examinations are W.P.(C).No.18506 of 2009 :: 2 :: conducted and the results thereof are published. It is made clear that if the petitioners fail to clear the papers, in the supplementary examinations, the fact that they are now permitted to prosecute their studies in the second year will not bring about any equity in their favour. The petitioners submit that they have been kept away from 26.6.2009. 4. Learned counsel for the University submits that the petitioners shall be permitted to attend the second year classes and the shortage of attendance from 26.6.2009 till today, shall be dealt with on the premise that their absence was not due to their fault. The submission is recorded and the writ petition is disposed of with the above observations. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge