IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 19469 of 2009(C) -------------------------- PETITIONER: -------------- JENS THOMAS, AGED 23 YEARS, S/O.LATE THOMASKUTTY JOSEPH, OLASSAYIL HOUSE, NEARS SBHSS, CHANGANASSERY, KOTTAYAM DIST, PIN: 686 101. FINAL YEARS BSC NURSING (COURSE COMPLETED)ST.THOMAS COLLEGE OF NURSING, CHETTIPUZHA, CHANGANASSERY, KOTTAYAM DIST. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SRI.SABU JOSE RESPONDENTS: ----------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA PO, KOTTAYAM REP.BY ITS REGISTRAR. 2. THE VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA PO, KOTTAYAM. 3. THE PRINCIPAL, ST.THOMAS COLLEGE OF NURSING, CHETTIPUZHA,. CHANGANASSERY, KOTTAYAM DIST. R1 & R2 BY SRI.T.A. SHAJI, SC, M.G.UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.19469 of 2009 ------------------------------------------ Dated this the 22nd day of July, 2009 JUDGMENT S.R.Bannurmath, C.J. This writ petition is filed with the prayers to issue a writ of mandamus or other writ, order or direction, directing respondents 1 and 2 to permit the petitioner to appear for, attend and write the ensuing 4th year (final) examinations proposed to be held on 23rd July, 2009 and also to consider and pass orders on Ext.P7 representation after giving him an opportunity of hearing. 2. It is to be noted that on an earlier occasion the petitioner along with similarly placed students had approached this Court in W.P.(C) No.34772 of 2008 and on dismissal of the same had filed W.A.No.2358 of 2008. The present petitioner was the first appellant in that writ appeal. Considering Regulation 11 of the Regulations issued by the University, the Division Bench of W.P.(C) No.19469 of 2009 - 2 - this Court by its order dated 10th December, 2008 held that admittedly the appellants therein including the writ petitioner herein have not passed in one paper or the other in the previous examinations and as such as per the Regulations they are not eligible to appear for the 4th year final examination. 3. Since the writ petitioner was a party to the said judgment in W.A.No.2358 of 2008, we do not think it proper to once again consider the prayer of the writ petitioner herein. Hence the writ petition is dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns