JITTU THOMAS S/O. M.T. THOMAS Vs. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BANGALORE - 11 REP. BY ITS REGISTRAR, THE INDIAN NURSING COUNCIL OF INDIA COMBINED COUNCIL BUILDING KOTLA ROAD, TEMPLE LANE NEW DELHI - 2 AND THE

JUDGEMENT

(1.) THE petitioner has sought for the following reliefs: - i) Issue a writ of certiorari, quashing the conditions imposed by RGUHS, in its Revised Ordinance Governing M.Sc. Degree Course and Curriculum, 2009 (Nursing) in Section II, Regulation 1 in its "Scheme of Examination at item No. 6 stating "Maximum number of attempts permitted for each paper is 3 including 1st attempt", and item No. 7 stating, "the maximum period to complete the course successfully should not exceed 3 years", vide Annexure -E". ii) Issue a writ of mandamus, directing the University to reconsider the conditions imposed in its Revised Ordinance Governing M.Sc. Degree Course and Curriculum, 2009 (Nursing) in Section 2, Regulation 1 in its "Scheme of Examination at item No. 6 stating, "Maximum number of attempts permitted for each paper is 3 including 1st attempt", and item No. 7 stating, "the maximum period to complete the course successfully should not exceed 3 years. Though the aforesaid reliefs are sought for in the writ petition, Sri Vinod Prasad, learned counsel for the petitioner confines to his submission that the University is not implementing its own regulations requiring the candidates to complete each paper of I Year of M.Sc. Nursing Course in three attempts, strictly. He relies on the document at Annexure -G to show that another student viz., Yashin Muhammed.C is permitted to appear for 4th attempt though the University regulations prescribe three attempts at the maximum for I year Nursing Course.

(2.) IT is not in dispute that the petitioner had taken admission for M.Sc. Nursing Course in the third respondent -college. The duration of the said Course is two years. A candidate in order to go to II Year Msc. Nursing Course has to pass each paper of I Year MSc. Nursing Course within three attempts, including the first attempt as per the existing regulations which are application to the petitioner. The relevant regulations of the respondent -University in that regard read thus: - 6. Maximum no, of attempts permitted for each paper is 3 including first attempt. 7. The maximum period to complete the course successfully should not exceed 3 (three) years. 8. A candidate failing in more than two subjects will not be promoted to the IInd year. 9. No candidate shall be admitted to the subsequent IInd year examination unless the candidate has passed the 1st year examination. From the above, it is clear that the maximum number of attempts permitted for each paper is '3' including the 1st attempt. In the matter on hand, the petitioner has admittedly not passed all the papers of I Year M.Sc. Nursing Course in three attempts, which means the petitioner has not passed all the papers of I Year though he had taken three attempts. From the above, it is clear that the petitioner cannot be permitted to go to II Year as he has not passed all the papers in I Year in spite of having three attempts.

(3.) THE regulations mentioned supra have come into effect from 8.6.2009. These regulations were not in existence prior to 8.6.2009, Thus, the students, who are of 2007 -08 batch, are not bound by the regulations of 2009. Consequently, Yashin Muhammed. C, who is of 2008 batch is not governed by the notification dated 8.6.2009 and consequently the embargo of completion of I Year Nursing Course in three attempts is not applicable to the said student. However, the petitioner is of the year 2009 batch. Therefore, the regulations of 2009 are applicable to the petitioner. Accordingly, the petitioner cannot claim that he also should be shown leniency. More over, if the University has committed fault in one or two matters, the same cannot be permitted to be perpetuated.