IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 R.P.No. 859 of 2008(F) ------------------------------------ AGAINST THE JUDGEMENT IN WPC.24414/2006 Dated 29/03/2007 .................... PETITIONER/PETITIONER NO.5 IN THE WP(C). ----------------------------------------------------------------- DIVYA.P, D/O. GOPALAKRISHNAN NAIR, AGED 24, IIIRD YEAR B.SC NURSING STUDENT, COLLEGE OF NURSING, ACADEMY OF MEDICAL EDUCATION, PARIYARAM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENTS/RESPONDENTS 1 TO 4 & PETITIONERS 1 TO 4: ------------------------------------------------------------------------------------------ 1. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS.P.O, KANNUR. 2. THE REGISTRAR, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS.P.O, KANNUR. 3. THE PRINCIPAL, COLLEGE OF NURSING, ACADEMIC OF MEDICAL EDUCATION, PARIYARAM, KANNUR. 4. THE SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 5. ABIN GEORGE, S/O. GEORGE.P.V, AGED 22, IIND YEAR B.SC, NURSING STUDENT, COLLEGE OF NURSING, ACADEMIC OF MEDICAL EDUCATION, PARIYARAM, KANNUR. 6. BINULAL.P.B, S/O. P.K. BALAKRISHNAN, AGED 22, IIND YEAR B.SC, NURSING STUDENT, COLLEGE OF NURSING, ACADEMY OF MEDICAL EDUCATION, PARIYARAM, KANNUR. R.P. NO.859 OF 2008 7. KIRAN SEBAN, D/O. DEVASSIA, AGED 22, IIND YEAR B.SC NURSING STUDENT, COLLEGE OF NURSING, ACADEMY OF MEDICAL EDUCATION, PARIYARAM, KANNUR. 8. SREEVIDYA.T.P, D/O. BALAKRISHNAN.T, AGED 22, IIND YEAR B.SC, NURSING STUDENT, COLLEGE OF NURSING, ACADEMY OF MEDICAL EDUCATION, PARIYARAM, KANNUR. BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 & 2 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- R.P.NO. 859 OF 2008 IN W.P.C. NO. 24414 OF 2006 -------------------------------------- Dated this the 28th August, 2008 ORDER Petitioner in the Review Petition is the fifth petitioner in the Writ Petition. She was a student of B.Sc. Nursing Degree. She had appeared for the Second Year Examination which was held in 2006. She had not passed in all the Papers in the First Year Examination. By interim order, this Court had permitted her to sit for the Second Year Examination which was subject to further orders in the Writ Petition. The matter was finally disposed of on 29.3.2007. Complaint of the petitioner is that this Court did not consider the case of the petitioner at all. Further reliance is placed on the Judgment in R.P. No.689/07 in W.P.(C). No.2506/07, wherein, in a similar situation, the University was directed to publish the results of the Examination of those who had at least passed in the supplementary Examination. According to petitioner, she has already passed in RP NO.859/08 IN WPC.24414/06. 2 the supplementary Examination for the First Year and the result was declared in 2007 and 2008. 2. In the Judgment under review, taking note of the submission of the counsel for petitioners, the Writ Petition came to be disposed of. Apparently, the petitioner, though she had applied for revaluation of the First Year Examination, both the petitioner as also the second petitioner in the Writ Petition had failed. It was noting the same that the Writ Petition came to be disposed of directing to publish the results of petitioners 1 and 3 in the Second Year Examination. No doubt, there is no reference to the case of the petitioner as such, but apparently, there was no request on the part of the counsel for the review petitioner, in view of the fact that the petitioner had failed in the revaluation also. Learned counsel appearing on behalf of the respondent University submits that the Regulation clearly provides that unless a candidate has passed in the Examination for the previous year, he/she cannot be permitted to sit for the next year's Examination. It is true that the petitioner has RP NO.859/08 IN WPC.24414/06. 3 produced Annexure A3 Order wherein a learned Single Judge allowed the Review Petition filed in the said Writ Petition on the basis that they had passed in the Supplementary Examination. Reference was made therein to Annexure 2 Judgment in W.P. (C). No.12316/06. Learned counsel for the University, however, brought to my notice the Judgment in W.P.(C). Nos. 24392/06D and 4727/08K. I have perused the same. Apparently, going by the Regulation and going by the Judgment which was delivered on the strength of the same, it is difficult to see how it could be said that there is any error in the Judgment. Even today, when the matter is canvassed, the direction which is sought by the petitioner will be one in the teeth of the statutory regulation. I do not think that the petitioner has made out a case for granting any relief in the Review Petition and it is dismissed. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge