IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5990 of 2008(K) ------------------------- PETITIONER: ------------ 1. FREDDY JOY, AGED 21 YEARS, PELLISSERY HOUSE, KARSHAKA NAGAR, KODANNUR P.O., TRISSUR. 2. PRAVEEN MATHEW, AGED 24, JAIPANAS VILLAGE, GANDHI NAGAR P.O., KOTTAYAM. 3. NAIDIN YESUDAS, AGED 21, SHANTHI BHAVAN, VELLIMON P.O., CHERUMODU, KOLLAM. 4. SIJIL JIMMY, AGED 22, ALUKKAL HOUSE, IQ ROAD, CHALAKKUDY P.O., TRISSUR. 5. SITHARA.M.S., PULIPPARAMBIL HOUSE, OLLUKKARA P.O., KALATHODU, KUTTICHIRA ROAD, TRISSUR. 6. JAREENA JACOB, AGED 22, ARANGASSERY HOUSE, CHITTILAPPALLY P.O., TRISSUR. 7. BISGY THOMAS, AGED 22, BANTHALLOOKARAN HOUSE, PERAMBRA P.O., TRISSUR. 8. JOHN SONY THOMAS, PUNNAPARAMBIL HOUSE, ETTUMANNOOR. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, TENHIPALAM, CALICUT. WP(C) 5990/08 -2- 2. CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, UNIVERSITY CAMPUS, TENHIPALAM, CALICUT. 3. BOARD OF STUDIES, UNIVERSITY OF CALICUT, UNIVERSITY CAMPUS, TENHIPALAM, CALICUT. 4. JUBILY MISSION COLLEGE OF NURSING, REPRESENTED BY ITS PRINCIPAL, KACHERRY P.O., TRISSUR. 5. NATIONAL HOSPITAL COLLEGE OF NURSING, BEHIND CHANDRIKA PRESS, KANNUR ROAD, CALICUT, REPRESENTED BY PRINCIPAL. BY STANDING COUNSEL FOR THE UNIVERSITY SRI P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008 ALONG WITH WP(C) 5991, 6031 & 6044/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5990, 5991, 6031 & 6044 of 2008 ------------------------------------- Dated: February 20, 2008 JUDGMENT These are writ petitions filed by the students of B.Sc. Nursing, who are now studying in the 4th year of their course. They have not successfully completed all the papers of their 3rd year examination. It is stated by the petitioners that initially they had lost in the 3rd year examination and they had appeared for the supplementary examination. The results of the supplementary examination were declared in February 2008. Finding that they were again unsuccessful, they applied for revaluation and results are awaited. Petitioners submit that their 4th year examination is to commence on 21.2.2008. According to them, since they are awaiting the results of the supplementary examination, they should be permitted to appear in the examination. It is contended that despite the rigour of the B.Sc. Nursing Revised Syllabus published by the respondent University, exemption was granted by the Vice Chancellor by his orders dated 10.4.2006 and 5.10.2006 produced as Exts.P2 and P1 respectively in WP(C) 5990/08. Petitioners WP(C) 5990, 5991, 6031 & 6044 of 2008 Page numbers would contend that they also should be allowed to take part in the examination. 2. I heard the standing counsel for the University also. 3. It is contended that there is no enabling provision for the Vice Chancellor to have issued orders in the nature of Exts.P1 and P2. According to the University, in terms of the regulations framed, only those who have successfully passed the previous examination are eligible to appear for the subsequent examinations. It is also submitted that in the context of Exts.P1 and P2, the matter has been considered by the Syndicate and the Syndicate has resolved not to grant any relaxation from the regulations. On this basis the University opposes the prayer made by the petitioners. 4. I have considered the submissions made by both sides. The entitlement of the petitioners will have to be considered in the context of the regulations which is produced as Ext.P3 in WP(C) 5990/08. The relevant regulations are clauses 8 and 9 which are extracted below for reference:- “8. No candidate shall be admitted to the subsequent WP(C) 5990, 5991, 6031 & 6044 of 2008 Page numbers higher examination unless he/she has passed the previous examination. For eg. no candidate shall be admitted to the II B.Sc. Nursing examination unless he/she has passed the first year B.Sc. Nursing degree examination. 9. The candidate who fails in the I B.Sc. Nursing Examination will be allowed to continue the course only up to III year. The student will not be permitted to attend the IV year classes unless he/she passes the I year B.Sc. Nursing Examination.” From Regulation 8 it is evident that only those candidates who have passed the previous examination are entitled to be admitted for subsequent higher examination. In these cases, it is the admitted position that the petitioners have not passed the 3rd year examination fully and and are only waiting for the results of the revaluation applied for by them of the supplementary examination they have attended. Therefore applying regulation 8, petitioners are not entitled to be admitted for subsequent higher examination. 5. In so far as Exts.P1 and P2 orders issued by the Vice Chancellor are concerned, no regulation is brought to my notice WP(C) 5990, 5991, 6031 & 6044 of 2008 Page numbers enabling the Vice Chancellor to grant such relaxation. In any case, now that the Syndicate has resolved in express terms not to grant relaxation from regulation 8 extracted above, this court will not be justified in compelling the University to give relaxation which has already resolved to be overruled. 6. Learned counsel for the petitioners argued that since the petitioners are awaiting the results of revaluation applied for by them, they should be permitted to appear for the examination. A departure from clause 8 of the regulations for those who are awaiting the results of the revaluation applied for is not provided in the regulations. That means the rule making authority did not want to exempt such students from the regulation. If that be so, this court will not be justified in passing any order diluting regulation 8 referred above. These writ petitions fail and are dismissed. ANTONY DOMINIC, JUDGE mt/-