TINTU MOL GEORGE; SREEJITH M R S/O M R RAJEEV; STEPHY KURIAKOSE D/O K V KURIAKOSE; SUSAN ABRAHAM D/O BEENA ABRAHAM; STEPHY PHILIP D/O THOMAS PHILIP; BENJAMIN WILLIAMS S/O K C WILLIAMS; RUJAIB P S/O AVARAN KOYA; MILAN MARY JACOB D/O K V JACOB Vs. MAHATMA GANDHI UNIVERSITY; CONTROLLER OF EXAMINATIONS; PRINCIPAL

JUDGEMENT

(1.) The petitioners are final year B.Sc Nursing students. As per the regulations framed by the Mahatma Gandhi University, no candidate shall be admitted to the subsequent higher examination unless he or she has passed the previous examination. In other words, a candidate can appear for the second year B.Sc Nursing examination only if he or she has passed the first year B.Sc. Nursing examination. Likewise, appearance in the third year and fourth year examinations depends on the candidate passing the second year and third year examinations. Further, it is stipulated that a candidate who has failed in the first year B.Sc degree examination can continue the course of study upto the third year but cannot attend the fourth year classes until he or she passes the first year examination.

(2.) The petitioners in these writ petitions have not passed the second year B.Sc Nursing examination and have applied for revaluation of their answer scripts. The result of revaluation has not been published so far. These writ petitions are filed primarily seeking a direction to the Mahatma Gandhi University to expeditiously revalue their answer scripts and to publish the results. The petitioners also seek a direction to the respondents to permit them to appear for the third year examination scheduled to commence on 11.12.2009.

(3.) As notice earlier, as per the University regulations, the petitioners can appear for the third year examination only if they have passed the second year examination. In such circumstances, as held by a Division Bench of this Court in W.A.2336 of 2008 and connected cases, the petitioners cannot be permitted to appear for the third year B.Sc degree Nursing examination. I had by an interim order passed on 16.11.2009 in W.P.(C).31757 of 2009 and connected cases declined to grant to the petitioners therein permission to appear for the second, third and fourth year examinations since they had not cleared the first, second and third year examinations. The correctness of the said order was canvassed before the Division Bench in W.A.No.2581 of 2009 and connected cases. The said writ petitions and the writ appeals were disposed of by a common judgment delivered on 19.11.2009. The learned counsel on both sides submit that the Division Bench has by the said judgment directed the University to publish the result of revaluation within two months from that day and to conduct a supplementary examination within six months from that day to enable such of those candidates who do not secure a pass on revaluation to again appear in the papers in which they have failed.