IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 15331 of 2008(A) ------------------------------------ PETITIONER: ------------------- ALPHONSA VARGHESE , FIRST YEAR B.SC NURSING STUDENT, LOURDE COLLEGE OF NURSING THALIPARAMBA, KANNUR. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENTS: ----------------------- 1. KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O.,KANNUR, REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS KANNUR UNIVERSITY KANNUR. 3. THE PRINCIPAL LOURDE COLLEGE OF NURSING THALIPARAMBA, KANNUR. BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P (C).No.15331 of 2008 ================== Dated this the 8th day of July, 2008. J U D G M E N T The petitioner applied for admission to B.Sc. Nursing degree course in the year 2006-07 and the 3rd respondent granted admission. She joined the course and she was admitted for the 1st year examination in September/October 2007. The result of the examination was withheld as per Ext.P3 on the ground that her admission has not been regularised. The petitioner therefore seeks the following reliefs: “i) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to regularize the admission of the petitioner for the B.Sc. Nursing Degree Course from 2006-07 pursuant to Ext.P1 and release her First Year B.Sc.Nursing Result pursuant to Exts.P2 and P3 is withheld; ii) Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;” 2. A statement has been filed by the University taking the contention that the minimum qualification prescribed for admission to B.Sc Nursing Course is a pass in Plus two W.P (C).No.15331 of 2008 - 2 - or equivalent examination with Physics, Chemistry and Biology as optional subjects with a minimum of 50% marks in Physics, Chemistry and Biology taken together and a minimum of 50% marks in Biology separately. According to the University, the petitioner does not have the minimum prescribed marks for admission to the B.Sc Nursing course and therefore her admission cannot be regularised. 3. I have heard the contentions of the parties. The petitioner herself has produced the application submitted by the petitioner for admission which proves that the petitioner does not have the minimum qualification prescribed. When minimum marks are prescribed which the petitioner does not possess, the 3rd respondent could not have validly admitted the petitioner. This Court cannot direct regularisation of such admission when the admission is clearly against the regulations applicable. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. S.SIRI JAGAN, JUDGE rhs