IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 5190 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------- 1. DELPHY VARGHESE, D/O.P.C.VARGHESE, PUTHUSSERY HOUSE, NAYATHODE P.O., ANGAMALI, ERNAKULAM. 2. SILPA SIVAN, D/O.B.A.SIVAN, PANKOTTIL HOUSE, KOOVAPARA P.O., KUTTAMPUZHA. BY ADV. SMT.P.DEEPTHI RESPONDENT(S): ---------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. THE SAMARITAN COLLEGE OF NURSING, PAZHANGANAD, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT. 4. THE INDIAN NURSING COUNCIL, REPRESENTED BY ITS REGISTRAR, INDIAN NURSING COUNCIL, KOTLA ROAD, NEW DELHI. R1 & R2 BY ADV. MR. T.A. SHAJI, SC,M.G. UTY R3 & R4 BY ADV. MR. NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5190 OF 2010 --------------------------------------- Dated this the 3rd day of March, 2010. J U D G M E N T The petitioners are students for the B.Sc Nursing course who have joined the course in the year 2007 in the 3rd respondent college. The college is affiliated to the 1st respondent University. The duration of the course is four years. When the result of the 1st year B.Sc Nursing Degree examination was published in June 2009, the petitioners have failed in some papers. Supplementary examination was conducted and they have appeared for the failed papers. Therein also they have failed in some papers. 2. The petitioners are undergoing the 3rd year B.Sc Nursing course. Since the petitioners have failed in some papers even in the supplementary examination, they were not allowed to appear for the 2nd year examination held in the month of November 2009. Again supplementary examination was conducted for the 1st year B.Sc Nursing Degree course in the month of December W.P.(C) No.5190/2010 2 2009. The petitioners have appeared for the failed papers. 3. What is sought for in the writ petition is for a direction to allow the petitioners to appear for the 2nd year B.Sc Nursing Degree examination which is to be conducted shortly. The petitioners are relying upon Exhibit P1 judgment of this Court and seeks for a similar treatment. 4. Heard the learned Standing Counsel for the University. It is pointed out that there cannot be any similarity between the case of the petitioners and those parties covered by Exhibit P1 judgment. It is submitted that there was a direction in the said case for completing the revaluation and in such circumstances alone they have been allowed to appear for the 2nd year examination. It is further submitted that without passing the supplementary examination, the petitioners cannot appear for the 2nd year B.Sc Degree examination. If the regulations do not permit the failed candidates to appear for such examinations, this Court cannot relax the conditions in favour of such candidates. The petitioners will have to wait for the results of the supplementary examination as and when they are published. W.P.(C) No.5190/2010 3 Even though the petitioners have prayed for a direction to the respondents to complete the valuation within a time frame, as rightly pointed out by the learned Standing Counsel for the University, the examination itself was conducted only in December 2009 and it may take some time for completing the process of valuation. 5. The petitioners are already undergoing their 3rd year B.Sc Nursing course. But, for writing the examination, they will have to clear all the papers they have failed in the previous year. There will be a direction to the University to expedite the process of valuation of the supplementary examination held in the month of December 2009. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp