IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 33473 of 2009(D) -------------------------- PETITIONER(S): --------------- RUBIYA KABEER, AGED 19 YEARS D/O. K.A.KABEER, RESIDING AT KALARICKAL HOUSE, VENMONY.P.O. CHENGANNOOR, ALAPPUZHA-689509. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY THE REGISTRAR, UNIVERSITY OFFICE KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, UNIVERSITY OFFICE, KOTTAYAM. BY SRI. T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33473 OF 2009 -------------------------- Dated this the 20th day of November, 2009 J U D G M E N T The petitioner in this writ petition is a student undergoing the B.Sc. degree course in Nursing in St.Gregorious College of Nursing, Parumala, a college affiliated to the Mahatma Gandhi University. As per the University regulations, no candidate shall be admitted to the subsequent higher examination unless he or she has passed the previous examination. In other words, a candidate can appear for the second year B.Sc. Nursing examination only if he or she has passed the first year B.Sc. Nursing examination. Likewise, appearance in the third year and fourth year examinations depend on the candidate passing the second year and third year examinations. Further, it is stipulated that a candidate who has failed in the first year B.Sc. degree examination can continue the course of study up to the third year but cannot attend the fourth year classes until he or she passes the first year examination. 2. The petitioner in this writ petition has not passed first year B.Sc. degree examination in Nursing conducted by the W.P.(C) No. 33473/09 2 Mahatma Gandhi University. Though she appeared in the supplementary examination, she again failed in various papers. The petitioner has therefore applied for revaluation of her answer scripts of the said examination as well. This writ petition is filed primarily seeking a direction to the University to permit her to appear for the second year B.Sc. degree examination. As noticed earlier, as per the University regulations, the petitioner can appear for the second year examination only if she has passed the first year examination. 3. I had by an interim order passed on 16.11.2009 in W.P. (C) Nos.31757 of 2009 and connected cases declined to grant to the petitioners therein permission to appear for the second, third and fourth year examinations since they had not cleared the first, second and third year examinations. The correctness of the said order was canvassed before a Division Bench in W.A.No.2581 of 2009 and connected cases. The said writ petitions and the writ appeals were disposed of by a common judgment. The learned counsel on both sides submit that the Division Bench has by the said judgment directed the University to publish the result of the W.P.(C) No. 33473/09 3 revaluation within two months and has also directed the University to conduct a supplementary examination within six months to enable such of those candidates who do not secure a pass on revaluation to again appear in the papers in which they have failed. In the light of the directions issued by the Division Bench in W.A.No.2581 of 2009 and connected cases, no further orders are called for in this writ petition except to direct that the rights of the petitioner herein will also be governed by the directions issued by the Division Bench of this Court in W.A.No.2581 of 2009 and connected cases. P.N.RAVINDRAN, JUDGE vps