IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33610 of 2009(U) ------------------------------------- PETITIONER(S): ----------------------- 1. ASWATHY B.R, D/O. RADHAMANI, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. 2. REMYA K, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. 3. SOUMYA K, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. 4. SIMI M, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. 5. SINU MAARIAM CHERIAN, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. 6. NITHU RAICHAEL THANKACHAN, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. 7. NITHU JAMES, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. 8. RINOY K. YOHANAN, FINAL YEAR BSC NURSING, ST.GREGORIOS COLLGE OF NURSING, PARUMALA. BY ADV. MR.M.R.NANDAKUMAR W.P.(C) NO.33610/2009 RESPONDENT(S): ------------------------ 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM, REP. 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 ADV. MR.T.A.SHAJI, SC M.G. UTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009 , ALONG WITH WPC. NO.33619 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 33610 & 33619 of 2009 ---------------------------------------- Dated 23rd November, 2009 JUDGMENT The petitioners in these writ petitions are students undergoing the B.Sc. degree course in Nursing in St. Gregorious College of Nursing and M.G.M. Muthoot 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.33610 & 33619/2009 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.33610 & 33619/2009 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 on. 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 and has also directed the University to conduct a supplementary examination within six months in order 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 will be governed by the directions issued by the Division Bench in W.P.(C) No.33610 & 33619/2009 4 W.A.No.2581 of 2009 and connected cases. P.N.RAVINDRAN Judge kkms