IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 19467 of 2009(C) --------------------------------------- PETITIONERS: --------------------- 1. BINCY CHACKO, AGED 23 YEARS, S/O.CHACKO.G, THALUKULANGARA PUTHENVEEDU, KARUVATTA P.O, ALAPPUZHA, PIN- 690 517, FINAL YEAR B.SC NURSING (COURSE COMPLETED), ST.GREGORIOUS COLLEGE OF NURSING, PARUMALA, MANNAR, PATHANAMTHITTA DISTRICT. 2. GODWIN MATHEW, AGED 23 YEARS, S/O.C.C.MATHEW, CHERUKARA HOUSE, VARIKOLI P.O, ERNAKULAM DISTRICT, PIN- 682 308, FINAL YEAR B.SC NURSING (COURSE COMPLETED), TMM COLLEGE OF NURSING, THIRUVALLA, PATHAMATHITTA DISTRICT. 3. ANTONY PYNADATH, AGED 24 YEARS, S/O.MANI ANTONY, PYNADATH HOUSE, PADUVAPURAM .P.O, EDAKKUNNU, ERNAKULAM DISTRICT, PIN- 683 582, FINAL YEAR B.SC NURSING(COURSE COMPLETED),SANJOE COLLEGE OF NURSING, PERUMBAVOOR, ERNAKUALM DISTRICT. BY MR.ABRAHAM VAKKANAL, SENIOR ADVOCATE, ADVS. MR.PAUL ABRAHAM VAKKANAL, MR.DIJO SEBASTIAN, MR.SABU JOSE. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. THE VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O, KOTTAYAM. W.P.(C). NO.19467/2009-C: 3. THE PRINCIPAL, ST.GREGORIOUS COLLEGE OF NURSING, PARUMALA, MANNAR, PATHANAMTHITTA DISTRICT. 4. THE PRINCIPAL, T.M.M COLLEGE OF NURSING, THIRUVALLA, PATHANAMTHITTA DISTRICT. 5. THE PRINCIPAL. SANJOE COLLEGE OF NURSING, PERUMBAVOOR, ERNAKULAM DISTRICT. R1 & R2 BY M.R. T.A. SHAJI, S.C, M.G. UTY., THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.GIRI, J ------------------------------------------ W.P.(C)No.19467of 2009 ------------------------------------------ Dated this the 10th day of July, 2009 JUDGMENT Heard learned counsel for the petitioners and learned Standing Counsel for the University. 2. Petitioners are Final year B.Sc Nursing students. Petitioners 1 and 2 joined the course in September, 2004 and the 3rd petitioner joined the course in September, 2003. According to the petitioners, they have cleared all the Examinations upto 3rd year, except one or two papers in the 3rd year, for which they have appeared for supplementary Examinations conducted in December, 2008 and are awaiting results. They have completed the course and due to participate in the 4th year Examination proposed to be held in July 2009. Examinations are notified to commence on 23.7.2009. I have considered a similar issue in Ext.P6 judgment. Since the petitioners have completed upto 3rd year and also given the supplementary Examinations for one or two papers in the 3rd year in December 2008, they shall be W.P.(C)No.19467of 2009 :: 2 :: permitted to appear in the Final year Examination on a provisional basis and the results of the Final year Examination shall be published only if the petitioners pass the 3rd year supplementary Examinations. It is made further clear that the participation of the petitioners in the Final Year Examination shall be treated as non est, if the petitioners fail to pass the 3rd supplementary Examinations. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/- //true copy// P.S. to Judge