IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19590 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. ANN MANY PEARSON, D/O.AUGUSTINE PEARSON, ANTO GARDEN, MATTOM NORTH, THATTARAMBALAM P.O., NANNAMANGALAM VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT. 2. JACOB JOHNSON, S/O.JOHNSON JACOB, KOTTAYADIYIL JOHNSY VILLA, MUKKOODU P.O., MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.E.G.GORDEN SRI.G.ANOOP MOHAN RESPONDENT(S): ------------------ 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM. REPRESENTED BY THE REGISTRAR. 2. THE CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM. 3. THE PRINCIPAL, SIDHI SADAN, LOURDE'S COLLEGE OF NURSING, KAKKANAD, CHEMBUMUKKU P.O., COCHIN 21. 4. THE PRINCIPAL, ST. GREGORIOUS COLLEGE OF NURSING, PARUMALA, PATHANAMTHITTA DISTRICT. BY ADV.SRI.T.A.SHAJI - STANDING COUNSEL FOR UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------- W.P.(C)NO.19590 OF 2009 -------------------------------------- Dated this the 13th day of July, 2009. JUDGMENT The petitioners, who are final year B.Sc Nursing students have been denied permission to write their final years examinations on the ground that they have not cleared all the papers in the 3rd year. A similar issue was considered by me in Ext.P3 judgment and a direction was issued permitting the petitioners therein to appear for the Final Year Examination on a provisional basis, subject to the rider that the results of the Final Year Examination shall be published, only if the petitioners pass the 3rd year supplementary examination. 2. Having heard learned counsel for the University as well, the writ petition is disposed of directing the respondents to permit the petitioners herein to appear for the Final Year Examination of B.Sc, on a provisional basis, subject to the condition that the participation shall be treated as regular, only if they clear the 3rd year examination in its entirety. If the petitioners fail to clear the 3rd year examination in its entirety, their participation in the Final Year Examination, on the strength of this order, will be non est. W.P.(C)NO.19590 OF 2007 :: 2 :: The University shall receive the applications submitted by the petitioners herein, regardless of the time frame, provided, the required fee is remitted by the petitioners, within the next three days. Sd (V.GIRI) JUDGE sk/- //true copy// P.S. To Judge.