IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 34772 of 2008(M) -------------------------- PETITIONER(S): --------------- 1. JUSTIN KURIAN PAULOSE, FINAL YEAR B.SC. NURSING, MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. 2. GINIL CHERIAN, FINAL YEAR B.SC NURSING, MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. 3. NISHA KOCHUNNI, FINAL YEAR B.SC NURSING MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. 4. ANISH P.FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 5. RAHUL K.R.FINAL YEAR B.SC NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 6. SOUMYA K.S.FINAL YEAR B.SC NURSING, ST.JOSEPH COLLEGE OF NURSING, KOTHAMANGALAM. 7. ALPHONSE MATHEW P.JOY, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR, KOTTAYAM. 8. SHERIN P.THOMAS, FINAL YEAR B.SC. NURSING, PUSHPAGIRI COLLEGE OF NURSING, THIRUVALLA. 9. LINSHA KHAN M.A. FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 10. SREEVIDYA K.P.FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 11. SHINEY ANTONY, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. WP(C).No. 34772 of 2008 -2- 12. PRAMOTH E.PAULOSE, FINAL YEAR B.SC. NURSING SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 13. ANUMOL SUNNY K. FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 14. HARSHA PRADEEP, FINAL YEAR B.SC. NURSING SCHOOL OF MEDICAL EDUCATIO, T.D.ROAD, ERNAKULAM. 15. METHA M.FINAL YEAR B.SC NURSING SCHOOL OF MEDICAL EDUCATIO, THEVARA. 16. RHUL P.M.FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION,AGAMALY. 17. ELDHO PAUL, FINAL YEAR B.SC.NURSING MEDICAL TRUST COLLEGE OF NURSING, ERNAKULAM. 18. LINCY FEBHA SAJAN, FINAL YEAR B.SC. NURSING THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 19. KUMARI SANGEETHA, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, ANGAMALY. 20. REMYA JAMES, FINAL YEAR B.SC.NURSING, THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 21. MADHU O.M.FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 22. SHAMLA Y.FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 23. SHILPA K.M.FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 24. MINTU EXVIER, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 25. BIPIN JOSE, FINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 26. JYOTHISH MATHEW, FINAL YEAR B.SC.NURSING HOLY FAMILY COLLEGE OF NURSING, MUTHALAKKODAM, THODUPUZHA. WP(C).No. 34772 of 2008 -3- 27. AHAMED JESIN H, FINAL B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 28. SHIJU S. FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 29. GILU RAJAN.B. FINAL YEAR B.SC.NURSING ST.GREGORIES COLLEGE OF NURSING, PARUMALA. 30. JACOB JOHNSON, FINAL YEAR B.SC.NURSING, ST.GREGORIOS COLLEGE OF NURSING,PARUMALA. 31. LINCY SHAJEE, FINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 32. ANITHA C.SFINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 33. SALU SASI, FINAL YEAR B.SC.NURSING, THEO PHILUS COLLEGE OF NURSING, KANGAZHA. 34. ARUN M.VARGHESE, FINAL YEAR B.SC. NURSING, SANJOE COLLEGE OF NURSING, PERUMBAVOOR. 35. ANEESH BABU GEROGE, FINAL YEAR B.SC. NURSING, THEOPHILUS COLLEGE OF NURSING KANGAZHA. 36. SIBY FASIL, FINAL YEAR B.SC.NURSING, MUTHOOT COLLEGE OF NURSING, KOZHENCHERRY. 37. ABIN ABRAHAM ISSAC, FINAL YEAR B.SC. NURSING, CARITHAS COLLEGE OF NURSING KOTTAYAM. 38. JOBIN MATHEW, FINAL YEAR B.SC.NURSING THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 39. JENS THOMAS, FINAL YEAR B.SC.NURSING, ST.THOMAS COLLEGE OF NURSING, CHETHIPUZHA. 40. DON G. PADAM, FINAL YEAR B.SC.NURSING, ST.JOSEPH COLLEGE OF NURSING, KOTHAMANGALAM. 41. PREETHI PRAKASH, FINAL YEAR B.SC.NURSING LITTLE FLOWER COLLEGE OF NURSING, ANGAMALY. 42. JULIE G.FINAL YEAR B.SC.NURSING, ST.GREGORIOS COLLEGE OF NURSING, PERUMALA. WP(C).No. 34772 of 2008 -4- 43. CHRISTY KURIAN, FINAL YEAR B.SC.NURSING, ST.GREGORIOS COLLEGE OF NURSING, PARUMALA. 44. GIRISH M.G.FINAL YEAR B.SC.URSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 45. ALAN ALEX, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION THEVARA. 46. JYOTHI P.,FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION,THEVARA. 47. RAGHESH G.R.FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, THEVARA. 48. BINCY CHACKO, FINAL YEAR B.SC.NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA 49. PRIYA PARAMESWARAN, FINAL YEAR B.SC. NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. 50. SIJU THANKAN, FINAL YEAR B.SC.NURSING ST.GREGORIOUS COLLEGE OF NURSING,PERUMALA 51. RIJO JOHN, FINAL YEAR B.SC.NURSING, MUTHOOT COLLEGE OF NURSING, KOZHENCHERRY. 52. DAFFIN GEROGE, FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, T.D.ROAD,ERNAKULAM 53. GODWIN MATHEW, FINAL YEAR B.SC.NURSING THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 54. PRIYA S.S., FINAL YEAR B.SC.NURSING, MEDICAL TRUST COLLEGE OF NURSING, ERNAKULAM. 55. VIMALA M. FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, ANGAMALY. 56. CHICKU JOSEPH, FINAL YEAR B.SC.NURSING, ST.THOMAS COLLEGE OF NURSING, CHETHIPUZHA. 57. JASMI.R.,FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, ANGAMALY 58. LATHA J.,FINAL YEAR B.SC.NURSING SCHOOL OF MEDICAL EDUCATION, ANGAMALY. WP(C).No. 34772 of 2008 -5- 59. LISA MARY ABRAHAM, FINAL YEAR B.SC. NURSING, ST.GREGORIOS COLLEGE OF NURSING, PERUMALA. 60. MANU SABASTIAN, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM 61. BIJU HAKKIM,FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION,PUTHUPPALLY. 62. ARCHANA G.S.FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR. GANDHINAGAR. 63. BINI ANNIE JOSEPH, FINAL YEAR B.SC. NURSING, ST.GREGORIOS COLLEGE OF NURSING, PARUMALA. BY ADV. SRI.JOHN VARGHESE RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O.KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA P.O., KOTTAYAM. 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O.,KOTTAYAM. BY SC SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34772/2008 -------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioners are prosecuting their studies in B.Sc Nursing and are aggrieved by the refusal on the part of the University to issue the hall tickets to enable them to appear in the 4th year Examination. Petitioners 1 to 26 have not passed the 2nd year Examination, petitioners 27 to 38 have not passed the 3rd year Examination, petitioners 39 to 55 have not passed their Examinations in years 2 and 3, petitioners 56 to 62 have not passed their Examinations in years 1, 2 and 3 and 63rd petitioner passed her Examination in years 2 and 3, but has not passed in the 1st year. This is the reason why the University has not permitted the petitioners to appear for the 4th year Examination. 2. I heard Mr.John Varghese, learned counsel for the petitioners and Mr.T.A.Shaji, learned Standing Counsel for the University. W.P.(C).34772/2008 2 3. In so far as petitioners 1 to 26, 39 to 55, 56 to 62 and 63rd petitioner are concerned, I do not think that any grounds have been made out to even consider any equitable relief in their favour. After all they have not passed either the 1st, 2nd or 3rd year Examination. University cannot be faulted with for not permitting such students to appear for the final year Examination. But in so far as petitioners 27 to 38 are concerned, I find this would be a case where the Vice Chancellor may exercise his discretion and decide whether it is appropriate to permit them to appear for the 4th year Examination pending another attempt by them in the supplementary Examination for the 3rd year. 4. Accordingly, writ petition is disposed of directing the University to permit petitioners 27 to 38 to appear in the final year Examination on a provisional basis. In the meanwhile, they shall file separate applications before the Vice Chancellor for permission to appear in the next supplementary Examination for the 3rd year and W.P.(C).34772/2008 3 to treat such appearance as a regular appearance for the limited purpose of enabling them to appear for the 4th year Examination. If the Vice Chancellor takes a decision accepting their request, then the participation of petitioners 27 to 38 in the Examinations which are scheduled to commence on 3.12.2008, shall be treated as regular appearance. The results of the participation of petitioners 27 to 38 shall be duly declared along with the results of other regular students. Needless to say, such results shall be published only if petitioners 27 to 38 clear the 3rd year Examinations. If fail to clear the 3rd year papers, then their participation in the Final year shall also be treated as non-est. V.GIRI, Judge mrcs