IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34838 of 2010(D) -------------------------- PETITIONERS: -------------------- 1. LINCHU BABU, AGED 20 YEARS, MAMALASSERIL HOUSE, KURICHY.P.O., KOTTAYAM. 2. SAMEER MUHAMMED, AGED 20 YEARS, SAMEER MANZIL, KOKKADU.P.O., KOTTARAKKARA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: --------------------------- 1. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, PIN 686 001. 2. REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, PIN 686 001.. 3. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, PIN 686 001.. 4. DIRECTOR, SCHOOL OF MEDICAL EDUCATION (SME),MAHATMA GANDHI UNIVERSITY, GANDHI NAGAR, KOTTAYA, PIN 686 001. 5. CONTROLLER OF EXAMINATINS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, PIN 686 001. BY SRI.T.A.SHAJI, SC , M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK ANTONY DOMINIC, J. ================ W.P.(C) NO. 34838 OF 2010 ===================== Dated this the 22nd day of November, 2010 J U D G M E N T Petitioners are B.Sc Nursing students in a college affiliated to the respondent University. Before the declaration of the second year results, third year classes commenced and the petitioners were permitted to attend classes. Meanwhile, the results were declared and the petitioners failed in one paper each. Immediately they applied for revaluation and the revaluation results are awaited. Meanwhile 3rd year examination is to commence on 3/12/2010. For the reason that they have not passed all the subjects of the second year, they apprehend that their applications will not be accepted. It is on that basis, the writ petition is filed. 2. Learned standing counsel for the respondent University has relied on Clauses 11 and 12 of the B.Sc Nursing Revised Syllabus framed by the University, which reads as under; 11. No candidate shall be admitted to the subsequent higher examination unless he/she has passed the previous examination. For eg. no candidate shall be admitted to Second year Bsc Nursing examination unless he/she passed first year Bsc nursing degree examination. WPC No. 34838/10 :2 : 12. A candidate failing in more than two subjects will not be promoted to the next year. 3. A reading of the above shows that unless a student has passed all the subjects of the previous year, the student will not be permitted to appear for the examination of the subsequent year. Clause 12 shows that a candidate who has failed in two or more subjects of the previous year will not be permitted to attend the classes of the succeeding year. Although the case of the counsel for the petitioners is that these Clauses are contradictory, on a close reading of the aforesaid provisions of the Regulations, I do not find any contradiction in the regulations and on the other hand, these rules operate in different circumstances. 4. The regulations make it clear that unless a student has passed in all subjects of the previous year, the student will not be permitted to appear for the examination of the succeeding year. In this case, admittedly, the petitioners have not passed all subjects of the second year. Having failed in one paper, they were eligible to attend the classes of the third year, which was permitted by the respondents also. But then, for that reason, they cannot be permitted to appear for the examination so long WPC No. 34838/10 :3 : as they have not cleared all the subjects of the second year. 5. In the circumstances, I do not see any merit in the writ petition. Writ petition is dismissed. Needless to say that the University shall expedite the revaluation sought for by the petitioners and the results shall be declared at any rate within 4 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp