IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34698 of 2010(J) -------------------------- PETITIONER(S): --------------------- RINKU VARGHESE, AGED 23 YEARS, D/O. K.P.VARGHESE, KALLUNKAL HOUSE, KARUKADAM P.O., VENDUVAZHI, KOTHAMANGALAM, PIN-686 691, FINAL YEAR B.SC. NURSING (COURSE COMPLETED), MAR BASELIOUS COLLEGE OF NURSING, THANGALLAM PO., KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS RESPONDENT(S): ----------------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM, REPRESENTED BY ITS REGISTRAR, PIN-686 562. 2. THE VICE - CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM, PIN-686 562. 3. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM, PIN-686 562. SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 34698 OF 2010 ===================== Dated this the 18th day of November, 2010 J U D G M E N T Petitioner is a Final year B.SC Nursing Student in the Mar Baselious College of Engineering, Kothamangalam affiliated to the 1st respondent University. In the third year, when the results were published on 3.7.2010, she failed in the paper “Mental Health Nursing”. She applied for revaluation on 19/7/2010 and the revaluation results are awaited. She attended 4th year classes and the 4th year examination is scheduled to take place on 19/11/2010. For the reason that the petitioner has not successfully completed all the subjects of the third year, University has not issued hall tickets, though College has accepted the examination fees. It is complaining of the above, the writ petition is filed. 2. Counsel contends that the petitioner having applied for revaluation and the results are awaited, and since she attended the classes, the University should be directed to issue the hall tickets. However, learned counsel for the University invites my attention to Clause 9 of Ext.P1 regulation and rightly contends WPC No. 34698/10 :2 : that in terms of the regulations, a student can appear for the final examination only if she has passed all subjects of the third year. Learned standing counsel for the University has also brought to my attention judgment of the Division Bench in WA No.1244/10 where in the case of similarly situated BHMS students, Division Bench had declined relief. 3. Petitioner does not satisfy the conditions laid down in Clause 9 of the Regulation, which provide that student who has passed all the papers of the third year alone can appear for the 4th year examination. Therefore, the University cannot be faulted for what it has done. However, learned counsel for the petitioner relied on Ext.P9 judgment and contended that in a similar case, relief was granted by this court, taking note of the fact that the student was awaiting results of the revaluation. However, as noticed above, this issue is fully covered against the petitioner by virtue of the Division Bench judgment in WA No.1244/10, where relief was declined. This Court being bound by the Division Bench cannot place reliance on Ext.P9 and take a different view. 4. Therefore, writ petition is dismissed, but however, the University shall complete the revaluation sought for by the WPC No. 34698/10 :3 : petitioner, and results thereof shall be declared, at any rate within 4 weeks of production of a copy of this judgment. Now that the petitioner is not issued the hall ticket, the authorities will ensure that the examination fee remitted by the petitioner will be refunded to her. ANTONY DOMINIC, JUDGE Rp