IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 18476 of 2006(Y) -------------------------------------- PETITIONER(S): ----------------------- 1. DIVYA.M.P., IVTH YEARS B.SC. NURSING STUDENT, B.SC, NURSING COLLEGE, PARIYARAM. 2. MARY JOHN, IVTH YEAR B.SC. NURSING STUDENT, B.SC. NURSING COLLEGE, PARIYARAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------------ 1. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR. 2. CONTROLLER OF EXAMINATION, KANNUR UNIVERSITY, KANNUR. 3. PRINCIPALS, COLLEGES OF NURSING A.C.M.E., PARIYARAM. R1 & R2 BY ADV.SRI.M.SASEENDRAN, SC, KANNUR UNIVERSITY R3 BY ADV. SRI.MILLU DANDAPANI, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.18476/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER PASSED BY THE CALICUT UNIVERSITY REGISTRAR DTD. 10.4.2006. P2:- COPY OF THE MARK LIST OF THE IST PETITIONER ISSUED BY THE UNIVERSITY. P3:- COPY OF THE MARK LIST OF THE 2ND PETITIONER ISSUED BY THE UNIVERSITY. P4:- COPY OF THE RECEIPTS SHOWING THE PAYMENT OF FEE FOR REVALUATION OF PAPERS BY THE IST PETITIONER. P5:- COPY OF THE RECEIPTS SHOWING THE PAYMENT OF FEE FOR REVALUATION OF PAPERS BY THE 2ND PETITIONERS. P6:- COPY OF THE ORDER PASSED BY THIS HONOURABLE HIGH COURT IN WPC. 12316/06 DTD. 2.5.06. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.18476 OF 2006 ---------------------------------------------- Dated this the 12th day of October, 2011 JUDGMENT The petitioners have filed this writ petition seeking a direction to the Kannur University to permit the petitioners to appear for the 3rd year examination for B.Sc Nursing course without passing some papers of the 2nd year examination. This Court passed the following interim orders in this writ petition: On 14.7.2006: “Sri.K.J. Jaju Babu, standing counsel appearing for the respondents 1 and 2 takes notice. Issue notice to the 3rd respondent. Considering the fact that by Ext.P6 order in respect of the second year B.Sc. Nursing students, they were permitted to appear for the further examination pending revaluation of their results for the previous year has been passed, reluctantly, I also pass a similar order in this case. Accordingly, there would be a direction to the 1st and 2nd respondents to permit the petitioners to appear for the 3rd year B.Sc. (Nursing) degree examination, if the petitioners remit the examination fee on or before 15.7.06 provisionally and subject to the result of the writ petition. However, the results need be published only after getting further orders from this Court.” W.P.(C)No.18476/06 2 On 14.12.2006 “IA 17028/06 Heard. The petitioners assert that the first petitioner has already cleared the second year examination, on revaluation. Therefore, they pray for declaration of her results of the third year examination, taken on the strength of the interim order of this Court. The learned Standing Counsel for the University prays for time to get instruction on the above submission. Since the time is running out, an interim direction is issued to publish the results of the first petitioner of the third year B.Sc. Nursing Degree Examination taken by her, pursuant to the interim order of this Court. Post on 19.12.06” In view of the efflux of time and the circumstances obtaining, I dispose of this writ petition in terms of the interim orders. Needless to say, the relief is confined to the 1st petitioner alone, insofar as the 2nd petitioner did not pass the examination written on the strength of the interim order. S. SIRI JAGAN, JUDGE acd W.P.(C)No.18476/06 3 W.P.(C)No.18476/06 4