IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11984 of 2008 Between: R. Saraswathi D/o. Rajamallu JMJ College of Nursing, Sanathnagar, Hyderabad-18. ..... PETITIONER AND 1 NTR University of Health Sciences, A.P., Vijayawada, Krishna District-520 008 Rep. by its Registrar 2 JMJ College of Nursing, Sanathnagar, Hyderabad, rep. by its Principal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction especially one in the nature of Writ of Mandamus: i) declare the action of the respondents in not permitting the petitioner to appear for the 3rd year examination of B.Sc (Nursing) during November'2007 or July'2008 as illegal, and arbitrary. ii) consequently direct the respondents to permit the petitioner to appear for the examination of 3rd year B.Sc (Nursing) course, commencing from 14- 7-2008 duly accepting examination fee iii) and pass Counsel for the Petitioner: MR.K.VASUDEVA REDDY Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU The Court made the following : O R D E R: 1. This writ petition has been filed by R.Saraswathi with a prayer to declare the action of the respondents in not permitting her to appear for the III year B.Sc (Nursing) examination held in November, 2007 and to be held in July, 2008 as illegal and arbitrary. 2. The petitioner joined in B.Sc (Nursing) Degree course in November 2004. She appeared for I year examination in November 2005 and cleared all the subjects. She pursued her II year course of study and appeared for examination in November, 2006. She was declared as failed in two subjects i.e. Medical Surgical Nursing and Community Health Nursing. She applied for retotalling and retotalling was done in her presence. According to her, most of the answers written by her were not awarded marks. She cleared the two subjects in the supplementary examination held in July, 2007. She was not permitted to appear for III year examination held in November, 2007 on the ground that she cleared the II year in July, 2007. She was informed that she would be permitted to appear for III year final examinations to be held in July, 2008. She paid the requisite fee for III year supplementary examination scheduled to be held from 14.7.2008 to the 2nd respondent. The 2nd respondent requested 1st respondent to include the name of the petitioner along with seven others in ICR mode nominal role demand form so as to enable her to appear for III year final year examination. Since 1st respondent did not communicate anything and as the last date to apply for final examination is expiring by 12.6.2008, the petitioner chose to approach this Court with a prayer stated supra. 3. When the case is listed under the caption for Admission, both the counsel consented for final disposal of the writ petition. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 1st respondent. 5. Learned counsel appearing for the petitioner submits that since the petitioner cleared II year subjects in the examination held in July, 2007 she gets qualified to appear for the supplementary examination in III year scheduled to be held in July, 2008 and therefore the action of 1st respondent in not permitting the petitioner to appear for III year supplementary examinations scheduled to be held from 14.7.2008 is arbitrary and illegal. 6. Learned Standing Counsel appearing for the 1st respondent- University submits that the perquisite condition to pursue III year B.Sc. (Nursing) course as per regulations is she has to clear all the subjects in the second year and since the petitioner cleared all the subjects in supplementary examinations held in July, 2007 she is eligible to write III year examinations in November, 2008. He took me to the Regulations of B.Sc (Nursing) course. As per promotion Rules, a candidate with one back log subject is permitted from II year to III year course, he/shecannot take III year examination until and unless the student passes in all the failed subjects. 7. Indisputably, the petitioner failed in two subjects and therefore she is ineligible for promotion from II year to III year till November, 2006 on which date she cleared two backlog subjects. For better appreciation, I may refer Regulation No.11 of B.Sc (Nursing) Course Regulations, which deals with promotion Rules and it is thus: “ 11. PROMOTION RULES: a. A 4 YDC B.Sc.Nursing Student. 1) may be promoted from 1st year to 2nd year course with a backlog of a subsidiary but shall not be allowed to take the 2nd year examination until and unless she passes in the failed subject. i) may be promoted from 2nd to 3rd year course with a backlog of one subject but shall not be allowed to take the 3rd year exam until and unless the student passed in the failed subject. ii) May be promoted from 3 rd year to 4th year with a backlog of one subject but shall not be allowed to take the final year examination until and unless the student passes in the failed subject. b. A 2YDC B.Sc. Nursing student may be allowed to go through the course from 1st year to 2nd year course irrespective of her failure in the subjects of the 1st year examination, but shall not be permitted to appear for 2nd year examination until and unless the student has passed in all the failed subjects of the 1st year examination.” 8. Since the petitioner cleared the backlog subjects in July, 2007, she is eligible to write III year B.Sc (Nursing) examination to be held in November, 2008 subject to her fulfilling other conditions. Therefore, the action of 1st respondent in not permitting the petitioner to apper for examination to be held in July, 2008 cannot be said to be arbitrary. 9. Accordingly, this writ petition is dismissed at the admission stage. 8th July 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.11984 OF 2008 8TH JULY 2008.