THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.18784 OF 2011 ORDER: 1 The petitioner is a student of Prema School of Nursing, Visakhapatnam. She appeared for 1st year General Nursing and Midwifery examination in September 2008 and failed in Community Health Nursing-I. However, she was promoted to 2nd year. The petitioner appeared for supplementary examination in March 2009 for the 1st year failed subject of Community Health Nursing-I and again failed. Thereafter in September 2009 the petitioner appeared for 1st year failed subject of Community Health Nursing–I and the 2nd year (all subjects) in General Nursing and Midwifery examination Regular and passed the 1st year examination but failed in Medical Surgical Nursing – II (Theory) of 2nd year. Again the petitioner appeared in the supplementary examination held in March 2010 and failed in one subject for the second time. Though the petitioner had failed in one subject in the 2nd year, she was promoted to the 3rd year. The petitioner appeared for the 2nd year examination along with 3rd year examinations (regular) and cleared the 2nd year subjects. The grievance of the petitioner is that once she was promoted to 3rd year and was permitted to appear for the 2nd year supplementary examinations along with 3rd year regular examinations, the respondents cannot withhold the result of 3rd year examination. The learned counsel for the petitioner submits that the petitioner has cleared the 2nd year supplementary examinations. 2 The counsel for the respondent, however, submits that the petitioner was wrongly promoted to the 3rd year and hence her result for the 3rd year could not be declared. 3 After hearing the counsel for the parties, it is clear that the petitioner was promoted to 3rd year by the respondents themselves. Having promoted the petitioner, the respondents cannot now say that the petitioner has been wrongly promoted and that the promotion of the petitioner to the 3rd year is against rules. Even otherwise, the petitioner has already cleared all the subjects of the 2nd year General Nursing and Midwifery examinations and she has already appeared for the 3rd year regular examinations. 4 In these circumstances, this Writ Petition is disposed of with a direction to the respondents to declare the result of the petitioner for the 3rd year examinations in General Nursing and Midwifery course held in September 2010 within four weeks from the date of receipt of a copy of this order. No order as to costs. ---------------------------- ASHUTOSH MOHUNTA, J 11.07.2011 Kvsn