IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 W.A.No.2357 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).34772/2008-M, DATED 01/12/2008 .................... APPELLANT: PETITIONER NO.63:- -------------------------------------------------- BINI ANNIE JOSEPH, FINAL YEAR B.SC. NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. BY ADV. SRI.M.R.SARIN PANICKER & SRI.M.R.SASITH PANICKER RESPONDENTS: RESPONDENTS:- --------------------------------------------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O. KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA P.O., KOTTAYAM. 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM. 4. JUSTIN KURIAN PAULOSE, FINAL YEAR B.SC. NURSING, MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. 5. GINIL CHERIAN, FINAL YEAR B.SC NURSING, MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. 6. NISHA KOCHUNNI, FINAL YEAR B.SC NURSING MAR BASELIUS COLLEGE OF NURSING, KOTHAMANGALAM. W.A.NO.2357 OF 2008 - 2 - 7. ANISH P., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 8. RAHUL K.R., FINAL YEAR B.SC NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 9. SOUMYA K.S., FINAL YEAR B.SC NURSING, ST.JOSEPH COLLEGE OF NURSING, KOTHAMANGALAM. 10. ALPHONSE MATHEW P.JOY, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR, KOTTAYAM. 11. SHERIN P.THOMAS, FINAL YEAR B.SC. NURSING, PUSHPAGIRI COLLEGE OF NURSING, THIRUVALLA. 12. LINSHA KHAN M.A., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 13. SREEVIDYA K.P., FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 14. SHINEY ANTONY, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 15. PRAMOTH E.PAULOSE, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 16. ANUMOL SUNNY K., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 17. HARSHA PRADEEP, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 18. METHA M., FINAL YEAR B.SC NURSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. W.A.NO.2357 OF 2008 - 3 - 19. RAHUL P.M. FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, ANGAMALY. 20. ELDHO PAUL, FINAL YEAR B.SC.NURSING, MEDICAL TRUST COLLEGE OF NURSING, ERNAKULAM. 21. LINCY FEBHA SAJAN, FINAL YEAR B.SC. NURSING, THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 22. KUMARI SANGEETHA, FINAL YEAR B.SC. NURSING, SCHOOL OF MEDICAL EDUCATION, ANGAMALY. 23. REMYA JAMES, FINAL YEAR B.SC.NURSING, THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 24. MADHU O.M. FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 25. SHAMLA Y., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 26. SHILPA K.M., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 27. MINTU EXVIER, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PATHANAMTHITTA. 28. BIPIN JOSE, FINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 29. JYOTHISH MATHEW, FINAL YEAR B.SC.NURSING, HOLY FAMILY COLLEGE OF NURSING, MUTHALAKKODAM, THODUPUZHA. W.A.NO.2357 OF 2008 - 4 - 30. AHAMED JESIN H, FINAL B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. 31. SHIJU S. FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 32. GILU RAJAN.B., FINAL YEAR B.SC.NURSING, ST.GREGORIES COLLEGE OF NURSING, PARUMALA. 33. JACOB JOHNSON, FINAL YEAR B.SC.NURSING, ST.GREGORIOS COLLEGE OF NURSING, PARUMALA. 34. LINCY SHAJEE, FINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 35. ANITHA C.S., FINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 36. SALU SASI, FINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 37. ARUN M.VARGHESE, FINAL YEAR B.SC. NURSING, SANJOE COLLEGE OF NURSING, PERUMBAVOOR. 38. ANEESH BABU GEORGE, FINAL YEAR B.SC. NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. 39. SIBY FASIL, FINAL YEAR B.SC.NURSING, MUTHOOT COLLEGE OF NURSING, KOZHENCHERRY. 40. ABIN ABRAHAM ISSAC, FINAL YEAR B.SC. NURSING, CARITHAS COLLEGE OF NURSING, KOTTAYAM. 41. JOBIN MATHEW, FINAL YEAR B.SC.NURSING, THEOPHILUS COLLEGE OF NURSING, KANGAZHA. W.A.NO.2357 of 2008 - 5 - 42. JENS THOMAS, FINAL YEAR B.SC.NURSING, ST.THOMAS COLLEGE OF NURSING, CHETHIPUZHA. 43. DON G. PADAM, FINAL YEAR B.SC.NURSING, ST.JOSEPH COLLEGE OF NURSING, KOTHAMANGALAM. 44. PREETHI PRAKASH, FINAL YEAR B.SC.NURSING, LITTLE FLOWER COLLEGE OF NURSING, ANGAMALY. 45. JULIE G., FINAL YEAR B.SC.NURSING, ST.GREGORIOS COLLEGE OF NURSING, PERUMALA. 46. CHRISTY KURIAN, FINAL YEAR B.SC.NURSING, ST.GREGORIOS COLLEGE OF NURSING, PARUMALA. 47. GIRISH M.G., FINAL YEAR B.SC.URSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 48. ALAN ALEX, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 49. JYOTHI P., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 50. RAGHESH G.R., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, THEVARA. 51. BINCY CHACKO, FINAL YEAR B.SC.NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. 52. PRIYA PARAMESWARAN, FINAL YEAR B.SC. NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. 53. SIJU THANKAN, FINAL YEAR B.SC.NURSING, ST.GREGORIOUS COLLEGE OF NURSING, PERUMALA. W.A.NO.2357 OF 2008 - 6 - 54. RIJO JOHN, FINAL YEAR B.SC.NURSING, MUTHOOT COLLEGE OF NURSING, KOZHENCHERRY. 55. DAFFIN GEROGE, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM. 56. GODWIN MATHEW, FINAL YEAR B.SC.NURSING, THIRUVALLA MEDICAL MISSION COLLEGE OF NURSING, THIRUVALLA. 57. PRIYA S.S., FINAL YEAR B.SC.NURSING, MEDICAL TRUST COLLEGE OF NURSING, ERNAKULAM. 58. VIMALA M. , FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, ANGAMALY. 59. CHICKU JOSEPH, FINAL YEAR B.SC.NURSING, ST.THOMAS COLLEGE OF NURSING, CHETHIPUZHA. 60. JASMI.R., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, ANGAMALY 61. LATHA J., FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, ANGAMALY. 62. LISA MARY ABRAHAM, FINAL YEAR B.SC. NURSING, ST.GREGORIOS COLLEGE OF NURSING, PERUMALA. 63. MANU SABASTIAN, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, T.D.ROAD, ERNAKULAM 64. BIJU HAKKIM, FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, PUTHUPPALLY. W.A.NO.2357 of 2008 - 7 - 65. ARCHANA G.S. FINAL YEAR B.SC.NURSING, SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR, GANDHINAGAR. R1 TO R3 BY STANDING COUNSEL SRI.T.A.SHAJI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008, ALONG WITH W.A.NO.2358 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. ------------------------------------------------ W.A.Nos.2357 of 2008 & 2358 of 2008 ------------------------------------------------ Dated, this the 10th December, 2008 JUDGMENT H.L.Dattu,C.J. These Writ Appeals are directed against the orders passed by the learned Single Judge in W.P.(C).No.34772 of 2008, dated 1.12.2008. (2) W.A.No.2357 of 2008 is filed by the 63rd petitioner, while W.A.No.2358 of 2008 is by petitioners 39, 42, 43, 48, 49, 50, 51, 53, 56, 59, 61, 60 and 54 in the writ petition. (3) The appellants-petitioners are all final year B.Sc. Nursing students. In the writ petition filed, their main grievance is, that, the respondent-University has refused to issue Hall Tickets to the appellants to appear for the 4th year Examinations, since they have not passed certain examinations relating to the previous semesters. (4) The learned Single Judge, keeping in view the Regulations of the University, has thought it fit to reject the writ petition in so far as the appellants herein are concerned. That is how the aforesaid writ petitioners are before us in these appeals. (5) Regulation 11 of the Regulations issued by the University reads as under: “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 B.Sc. WA.Nos.2357 & 2358 of 2008. - 2 - Nursing examination unless he/she passed first year B.Sc. Nursing degree examination”. (6) The aforesaid Regulation makes it abundantly clear, that, if a student has to appear for final year examination, he/she has to pass all the previous years' examinations. If he/she has not passed any one of the examinations of the previous year, he/she will not be permitted to appear for the 4th year final examination. (7) In the instant case, it is the admitted fact, that, all the appellants have not passed in one paper or the other in the previous three semesters. That only means, that, in order to appear for the 4th year final examinations, they are not eligible and, therefore, the learned Single Judge was justified in rejecting the writ petition in toto in so far as the appellants herein are concerned. (8) The learned counsels appearing for the appellants would submit, that, the students would lose one year, if they are not permitted to appear for the 4th semester examination. (9) In our opinion, this contention of the learned counsel for the appellants would not impress us, for the reason, that, the Regulation makes it abundantly clear, that, if the students have to appear for the subsequent higher examination, they have to pass all the previous years' examinations. Since that has not been done in the instant case, we are of the opinion, that, no relief can be granted to the appellants. WA.Nos.2357 & 2358 of 2008. - 3 - (10) In the above view of the matter, while confirming the orders passed by the learned Single Judge, we reject these Writ Appeals. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge