IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 33792 of 2010(Y) ---------------------------------------- PETITIONER(S): ----------------------- ANSAL BASHEER, AGED 23 YEARS, S/O.M.M. MOHAMED BASHEER, MANNUVAYALIL HOUSE, PULICKALLU P.O., MANIMALA. BY ADV. SRI.BABU CHERUKARA, SRI.ANZAR BASHEER. RESPONDENT(S): --------------------------- 1. MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR, PIN-686 562. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM, PIN-686 562. 3. REGISTRAR, MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA, KOTTAYAM, PIN-686 562. 4. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM, PIN-686 562. R1 TO R4 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ------------------------- W.P (C) No.33792 of 2010 -------------------------- Dated this the 12th November, 2010 J U D G M E N T Petitioner is a fourth year student of B.Sc Nursing in a college affiliated to the first respondent University. In the third year examination, petitioner did not pass in all subjects. However, it appears that against the terms of the regulations of the University, the college allowed the petitioner to continue studies in the fourth year classes. 2. Meanwhile, petitioner appeared for the supplementary examination and even in the supplementary examination, petitioner failed in one subject. Petitioner applied for revaluation of the answer papers of both the original and supplementary examination and results are awaited. Now the fourth year examination is to commence on 19.11.2010 and the hall tickets are not issued. Therefore, the writ petition is filed seeking a direction to the respondent University to permit the petitioner to appear in the fourth year B.Sc Nursing examination. 3. In my view, the claim made by the petitioner is impermissible. W.P (C) No.33792 of 2010 2 4. Admittedly, Clause 11 of the B.Sc Nursing Regulations framed by the University provides that no candidate shall be admitted to the higher class unless the candidate has passed all the previous examinations. Admittedly, petitioner do not satisfy this condition. This, in my view, will prevent the petitioner from claiming the reliefs in this writ petition. It is also seen that similar issue was considered by this Court and prayer has been declined in the judgment in W.A No.2336/2008. 5. In that view of the matter, I am not persuaded to interfere with this writ petition. Writ petition is dismissed. ANTONY DOMINIC JUDGE ma