IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 W.A.No.2336 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN W.P.(C).34772/2008-M, DATED 01/12/2008 .................... APPELLANTS: PETITIONERS 3, 7, 20, 8, 4, 5, 24, 23, 22, 21, 26 & 16:- ------------------------------------------------------------------------------------------------- 1. NISHA KOCHUNNI, FINAL YEAR B.SC.NURSING, MAR BASELIOUS COLLEGE OF NURSING, KOTHAMANGALAM. 2. ALPHONSA MATHEW P.JOY, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR, KOTTAYAM. 3. REMYA JAMES, FINAL YEAR B.SC.NURSING, THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 4. SHERIN P.THOMAS, FINAL YEAR B.SC NURSING, PUSHPAGIRI COLLEGEL OF NURSING, THIRUVALLA. 5. ANISH.P, FINAL YEAR B.SC, NURSING, SCHOOL OF MEDICAL EDUCAION, PUTHUPPALLY. 6. RAHUL.K.R, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPALLY. 7. MINTU XAVIER, FINAL YEAR B.SC .NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 8. SHILPA.K.M, FINAL YEAR B.SC,NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. W.A.NO.2336 OF 2008 - 2 - 9. SHAMLA.Y, FINAL YEAR B.SC,NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 10. MADU.O.M, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 11. JYOTHISH MATHEW, FINAL YEAR B.SC.NURSING HOLLY FAMILY COLLEGE OF NURSING, MUTHALAKKODAM, THODUPUZHA. 12. RAHUL.P.M, FINAL YEAR B.SC, NURSING SCHOOL OF MEDICAL EDUCATION, ANGAMALY. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENTS: RESPONDENTS & OTHER PETITIOENRS IN W.P.(C):- ------------------------------------------------------------------------------------------------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA.PO, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA.P.O, KOTTAYAM. 3. THE CONTROLLER EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA.P.O, KOTTAYAM. 4. JUSTIN KURIAN PAULOSE, FINAL YEAR B.SC NURSING, MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. 5. GINIL CHERIAN, FINAL YEAR B.SC NURSING, MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. 6. SOUMYA K.S., FINAL YEAR B.Sc. NURSING, ST.JOSEPH COLLEGE OF NURSHING, KOTHAMANGALAM. W.A.NO.2336 OF 2008 - 3 - 7. LINSA KHAN M.A, FINAL YEAR B.SC NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM 8 . SREEVIDYA K.P., FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, T.D.ROAD, ERNAKULAM. 9. SREEVIDYA K.P., FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, T.D.ROAD, ERNAKULAM. 10. PRAMOTH E.PAULOSE, FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, T.D.ROAD, ERNAKULAM. 11. ANUMOL SUNNY K., FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, T.D.ROAD, ERNAKULAM. 12. HARSHA PRADEEP FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, T.D.ROAD, ERNAKULAM. 13. METHA.M, FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, THEVARA. 14. ELDHO PAUL, FINAL YEAR B.SC NURSING, MEDICAL TRUST COLLEGE OF NURSHING, ERNAKULAM. 15. LINCY FEBHA SAJAN, FINAL YEAR B.SC NURSING, THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 16. KUMARI SANGEETHA, FINAL YEAR B.SC NURSING, SCHOOL OF MEDICAL EUCATION, ANGAMALY. 17. BIPIN JOSE, FINAL YEAR B.SC NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. W.A.NO.2336 OF 2008. - 4 - 18. JYOTHISH MATHEW, FINAL YEAR B.SC NURSING, HOLY FAMILY COLLEGE OF NURSING, MUTHALAKKODAM, THODUPUZHA. 19. AHAMMED JESIN.H, FINAL YEAR B.SC NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 20. SHIJU .S, FINAL YEAR B.SC NURSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 21. GILU RAJAN.B, FINAL YEAR B.SC NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PARUMALA. 22. JACOB JOHNSON, FINAL YEAR B.SC NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PARUMALA. 23. LINCY SHAJEE, FINAL YEAR B.SC NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 24. ARUN M.VARGHESE FINAL YEAR B.SC NURSING, SANJOE COLLEGE OF NURSING, PERUMBAVOOR. 25. ANEESH BABU GEORGE, FINAL YEAR B.SC NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 26. SIBY FASIL, FINAL YEAR B.SC NURSING, MUTHOOT COLLEGE OF NURSING, KOZHENCHERRY. 27. ABIN ABRAHAM ISSAC, FINAL YEAR B.SC NURSING, CARITHAS COLLEGE OF NURSING, KOTTAYAM. 28. JOBIN MATHEW FINAL YEAR B.SC.NURSING THEOPHILUS COLLEGE OF NURSING, KANGAZHA. W.A.NO.2336 OF 2008. - 5 - 29. JENS THOMAS, FINAL YEAR B.SC.NURSING ST.THOMAS COLLEG OF NURSING, KANGAZHA. 30. DONG G PADAM, FINAL YEAR B.SC.NURSING ST.JOSEPH COLLEG OF NURSING, KOTHAMANGALAM. 31. PREETHI PRAKASH, FINAL YEAR B.SC.NURSING LITTLE FLOWER COLLEGE OF NURSING, ANGAMALY. 32. JULIE.G., FINAL YEAR B.SC.NURSING ST.GREGORIOS COLLEGE OF NURSING, PERUMALA. 33. CHRISTY KURIAN, FINAL YEAR B.SC.NURSING ST.GREGORIOS COLLEGE OF NURSING, PERUMALA. 34. GIRISH M.G., FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, THEVARA. 35. ALAN ALEX, FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, THEVARA. 36. JYOTHI P., FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, THEVARA. 37. RAGHESH.G.R., FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, THEVARA. 38. BINCY CHACKO, FINAL YEAR B.SC.NURSING ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. 39. PRIYA PARAMESWARAN, FINAL YEAR B.SC.NURSING ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. W.A.NO.2336 OF 2008 - 6 - 40. SIJU THANKAN, FINAL YEAR B.SC.NURSING ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. 41. RIJO JOHN, FINAL YEAR B.SC.NURSING MUTHOOT COLLEGE OF NURSING, KOZHENCHERRY. 42. DAFFIN GEORGE, FINAL YEAR B.SC .NURSING SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 43. GODWIN MATHEW, FINAL YEAR B.SC NURSING THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING THIRUVALLA. 44. PRIYA.S.S, FINAL YEAR B.SC NURSING, MEDICAL TRUST COLLEG OF NURSING, ERNAKULAM 45. VIMALA.M., FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, ANGAMALY. 46. CHICKU JOSEPH, FINAL YEAR B.SC NURSING ST.THOMAS COLLEGE OF NURSING, CHETHIPUZHA. 47. JASMI.R. FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, ANGAMALY 48. LATHA.J., FINAL YEAR B.SC NURSING, SCHOOL OF MEDICL EDUCATION, ANGAMALY 49. LISA MARY ABRAHAM FINAL YEAR B.SC NURSING NURSING ,ST.GREGORIOUS COLLEG OF NURSING, PERUMALA. 50. MANU SABASTIAN, FINAL YEAR B.SC NURSING SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. W.A.NO.2336 OF 2008 - 7 - 51. BIJU HAKKIM FINAL YEAR B.SC NURSING SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 52. ARCHANA G.S, FINAL YEAR B.SC NURSING, GANDHI NAGAR, GANDHI NAGAR. 53. BINI ANNIE JOSEPH, FINAL YEAR B.SC. NURSING, ST.GREGORIOS COLLEGE OF NURSING, PARUMALA. R1 TO R3 BY STANDING COUNSEL SRI.T.A.SHAJI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2008, ALONG WITH W.A.NOS.2337 OF 2008 & 2345 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu,C.J. & A.K.Basheer,J. ---------------------------------------------------------------- W.A.No.2336 of 2008, 2337 of 2008 & 2345 of 2008 ----------------------------------------------------------------- Dated, this the 9th December, 2008 JUDGMENT H.L.Dattu,C.J. These Writ Appeals are directed against the orders passed by the learned Single Judge in W.P.(C).No.34772 of 2008, dated 1.12.2008. (2) W.A.No.2336 of 2008 is filed by the petitioners 3, 7, 20, 8, 4, 5, 24, 23, 22, 21, 26 and 16, while W.A.No.2337 of 2008 is by petitioners 12, 9, 10, 14, 13, 11, 45, 15 and 41 and the other W.A.No.2345 of 2008 is by the 17th petitioner in the writ petition. (3) The appellants-petitioners are all final year B.Sc. Nursing students. In the writ petition filed, their main grievance is, that, the respondent-University has refused to issue Hall Tickets to the appellants to appear for the 4th year Examinations, since they have not passed certain examinations relating to the previous semesters. (4) The learned Single Judge, keeping in view the Regulations of the University, has thought it fit to reject the writ petition in so far as the appellants herein are concerned. That is how the aforesaid writ petitioners are before us in these appeals. (5) Regulation 11 of the Regulations issued by the University reads as under: “No candidate shall be admitted to the subsequent higher examination unless he/she has passed the previous examination. W.A.No.2336 of 2008, etc. - 2 - For eg. no candidate shall be admitted to Second year B.Sc. Nursing examination unless he/she passed first year B.Sc. Nursing degree examination”. (6) The aforesaid Regulation makes it abundantly clear, that, if a student has to appear for final year examination, he/she has to pass all the previous years' examinations. If he/she has not passed any one of the examinations of the previous year, he/she will not be permitted to appear for the 4th year final examination. (7) In the instant case, it is the admitted fact, that, all the appellants have not passed in one paper or the other in the previous three semesters. That only means, that, in order to appear for the 4th year final examinations, they are not eligible and, therefore, the learned Single Judge was justified in rejecting the writ petition in toto in so far as the appellants herein are concerned. (8) The learned counsels appearing for the appellants would submit, that, the students would lose one year, if they are not permitted to appear for the 4th semester examination. (9) In our opinion, this contention of the learned counsel for the appellants would not impress us, for the reason, that, the Regulation makes it abundantly clear, that, if the students have to appear for the subsequent higher examination, they have to pass all the previous years' examinations. Since that has not been done in the instant case, we are of the opinion, that, no relief can be granted to the appellants. W.A.No.2336 of 2008, etc. - 3 - (10) In the above view of the matter, while confirming the orders passed by the learned Single Judge, we reject these Writ Appeals. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge