IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 16648 of 2009(A) -------------------------- PETITIONER(S): --------------- SALBIA K.SALAM, D/O.BABU SALAM, KUNNUMPURATH HOUSE, KOOVALOOR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR. 2. THE REGISTRAR OF EVALUATION, MAHATMA GANDHI UNIVERSITY. 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 16648 of 2009 -------------------------- Dated this the 23rd July,2009 J U D G M E N T Petitioner was a student of B.Sc Nursing course in Mar Baselious College of Nursing, Kothamangalam under the first respondent. She completed her fourth year course in the year 2006-2007. She had managed to clear one paper in the 3rd year examination in the subject “Child Health Nursing.” In the meanwhile she was permitted to prosecute the fourth year examination and she failed in one subject in the fourth year examination also. There was delay in the declaration of the 4th year examination. Hence the writ petition inter alia praying for a direction to the respondents to give her the moderation of 7 marks in the said subject “Nursing Education” and also for a direction to the respondents to release the petitioner from internship. 2. A statement has been filed on behalf of the respondents, wherein, it is affirmed that as per the regulations of B.Sc Nursing course “No candidate shall W.P ( C) No. 16648 of 2009 2 be admitted to the subsequent higher examination unless he/she has passed the previous examination”. Therefore the petitioner was not permitted to appear for the 4th year examination until she had cleared all the subjects in the 3rd year examination. 3. Petitioner had not cleared the paper Nursing Education in the 4th year. A supplementary examination for the same is likely to be held in immediate future. Petitioner may appear in the said examination and clear the subject. Until that is done, petitioner cannot be permitted to be released from internship. Petitioner is yet to clear the papers in the 4th year examination, I cannot find any fault in the stand taken by the respondents. Petitioner may therefore appear in the supplementary examination. Subject to her clearing the said paper, respondent shall take steps to declare her completion of the internship, in accordance with law, and take further action. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 16648 of 2009 3 W.P ( C) No. 16648 of 2009 4