MACDEEN DAVID Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) APPELLANTS are the writ petitioners. They are students of the B. Sc Nursing Course. They were admitted in the 4th respondent College of Nursing affiliated to the first respondent University in the academic year 2005-06. They have approached this Court seeking a writ of mandamus directing the respondents to permit them to write the 2nd year B. Sc. Nursing Examination scheduled as per Ext. P15 time table and also for a direction to publish the results of the 2nd supplementary examination of the 1st year B. Sc. Nursing Course before the commencement of the 2nd year examination as per Ext. P15 time table. They have also sought a writ of mandamus for publication of the results of revaluation of their answer sheets as per Exts. P1 to P6.

(2.) THE appellants though attended the 1st year examination did not succeed in passing all the papers. In the supplementary examination held in September, 2007 also they could not pass all the papers. The result was, in the teeth of clause 8 of the Regulation of the B. Sc. Nursing Degree Course, they were not entitled to sit for the 2nd year examination. However, they drew support from Exts. P13 and P14 and sought a mandamus to the University to permit them to sit for the 2nd year examination. The said arguments did not find favour with the learned Single Judge and he followed his own decision in an earlier writ petition and dismissed the writ petition. It is accordingly that this writ appeal has been preferred.

(3.) WE heard Dr. George Abraham, learned counsel appearing for the appellants and Mr. P. C. Sasidharan, learned Standing Counsel appearing for the University.