IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 32993 of 2009(T) ------------------------------------ PETITIONER(S): ------------------------- 1. ACCXA JACOB, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27401 OF FIRST YEAR B.SC.EXAMINATION). 2. ANEETA ARONLD, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27402 OF FIRST YEAR B.SC.EXAMINATION). 3. ANGEL MARY JOSEPH, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27403 OF FIRST YEAR B.SC.EXAMINATION). 4. ANJU GEORGE, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27405 OF FIRST YEAR B.SC.EXAMINATION). 5. ANJU PAUL, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27406 OF FIRST YEAR B.SC.EXAMINATION). 6. ANU M.ELDHOSE, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27407 OF FIRST YEAR B.SC.EXAMINATION). W.P.(C) NO.32993/2009 7. ASHLY K.VARKEY, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27408 OF FIRST YEAR B.SC.EXAMINATION). 8. BASIL M.MATHEWS, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27409 OF FIRST YEAR B.SC.EXAMINATION). 9. CLIFFY ITTAN, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27413 OF FIRST YEAR B.SC.EXAMINATION). 10. DELPHY JOSE, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27414 OF FIRST YEAR B.SC.EXAMINATION). 11. DILNA GEORGE, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27415 OF FIRST YEAR B.SC.EXAMINATION). 12. JASEENA S.A., THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27424 OF FIRST YEAR B.SC.EXAMINATION). 13. JINNY PETER, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27425 OF FIRST YEAR B.SC.EXAMINATION). 14. JITHU M.C., THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27426 OF FIRST YEAR B.SC.EXAMINATION). W.P.(C) NO.32993/2009 15. LEENA T.P., THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27428 OF FIRST YEAR B.SC.EXAMINATION). 16. MEENU MATHAI, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27432 OF FIRST YEAR B.SC.EXAMINATION). 17. NEETHU SEBASTIAN, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27436 OF FIRST YEAR B.SC.EXAMINATION). 18. PINCHU BABY, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27439 OF FIRST YEAR B.SC.EXAMINATION). 19. SHERIN VARGHESE, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27443 OF FIRST YEAR B.SC.EXAMINATION). 20. TOBY GEORGE, THIRD YEAR B.SC.NURSING STUDENT, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691, (REG.NO.27450 OF FIRST YEAR B.SC.EXAMINATION). BY ADV. DR.K.P.SATHEESAN BY ADVS. MR.K.K.GOPINATHAN NAIR MR.M.R.JAYAPRASAD MR.P.MOHANDAS (ERNAKULAM) MR.MATHEW SUNNY W.P.(C) NO.32993/2009 RESPONDENT(S): -------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O.,KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O.,KOTTAYAM. 3. THE PRINCIPAL, MAR BASELIOS COLLEGE OF NURSING, KOTHAMANGALAM,ERNAKULAM-686 691. R1 & R2 BY ADV. MR.T.A.SHAJI, SC, M.G.UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, ALONG WITH WPC. NO.33245 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) Nos.32993 & 33245 of 2009 ---------------------------------------- Dated 19th November, 2009 Judgment The petitioners in these writ petitions are students undergoing the B.Sc. degree course in Nursing in Mar Baselios College of Nursing and Samaritan College of Nursing affiliated to the Mahatma Gandhi University. As per the University regulations, no candidate shall be admitted to the subsequent higher examination unless he or she has passed the previous examination. In other words, a candidate can appear for the second year B.Sc. Nursing examination only if he or she has passed the first year B.Sc. Nursing examination. Likewise, appearance in the third year and fourth year examinations depend on the candidate passing the second year and third year examinations. Further, it is stipulated that a candidate who has failed in the first year B.Sc. degree examination can continue the course of study up to the third year but cannot attend the fourth year classes until he or she passes the first year examination. W.P.(C) No.32993 & 33245/2009 2 2. The petitioners in these writ petitions have not passed first year B.Sc. degree examination in Nursing conducted by the Mahatma Gandhi University. They have applied for revaluation of their answer scripts of the said examination. The result of revaluation has not yet been published. Though they appeared in the supplementary examination, they again failed in various papers. They have therefore applied for revaluation of their answer scripts of the said examination as well. These writ petitions are filed primarily seeking a direction to the University to permit them to appear for the second year B.Sc. degree examination. As noticed earlier, as per the University regulations, the petitioners can appear for the second year examination only if they pass the first year examination. In such circumstances, as held by a Division Bench of this Court in W.A.No.2336 of 2008 and connected cases, the petitioners cannot seek or be granted the reliefs prayed for in these writ petitions. 3. I had by an interim order passed on 16.11.2009 in W.P.(C) Nos.31757 of 2009 and connected cases declined to W.P.(C) No.32993 & 33245/2009 3 grant to the petitioners therein permission to appear for the second, third and fourth year examinations since they had not cleared the first, second and third year examinations. The correctness of the said order was canvassed before a Division Bench in W.A.No.2581 of 2009 and connected cases. The said writ petitions and the writ appeals were disposed of by a common judgment delivered today. The learned counsel on both sides submit that the Division Bench has by the said judgment directed the University to publish the result of the revaluation within two months from today and has also directed the University to conduct a supplementary examination within six months from today to enable such of those candidates who do not secure a pass on revaluation to again appear in the papers in which they have failed. In the light of the directions issued by the Division Bench in W.A.No.2581 of 2009 and connected cases, no further orders are called for in these writ petitions except to direct that the rights of the petitioners in these cases also shall be governed by the directions issued by the Division Bench in W.P.(C) No.32993 & 33245/2009 4 W.A.No.2581 of 2009 and connected cases. P.N.RAVINDRAN Judge vaa