IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1393 of 2008()
1. DHANYA DAYANANDAN, D/O.K.DAYANANDAN,
... Petitioner
Vs
1. THE KANNUR UNIVERSITY, REPRESENTED BY
... Respondent
2. THE CONTROLLER OF EXAMINATIONS
3. THE PRINCIPAL, ACADEMY OF MEDICAL
For Petitioner :SRI.M.A.FIROZ
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :04/07/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.1393 of 2008
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Dated this the 4th day of July, 2008
JUDGMENT
Basheer, J.
The appellant is a final year MBBS student undergoing her
course in the Academy of Medical Sciences at Pariyaram in Kannur
District. Admittedly she has not passed the second year examination in
Pharmacology. The final year examinations are scheduled to be held
between 3rd and 11th of July, 2008. The University has also scheduled
to hold supplementary examination in Pharmacology on 11th and 14th of
July, 2008. Going by the Regulations governing the course of study, the
appellant would not be able to write the final year examination unless she
has passed all the previous examinations.
2. It was in the above circumstances that the appellant
approached this Court under Article 226 of the Constitution praying for
issuance of a direction to the respondents to allow her to write the final
year MBBS (Part- I) Examination scheduled to commence from July 3,
2008. The learned Single Judge was not inclined to issue the above
direction justifiably, in our view. It was noticed by the learned Judge that
such a direction could not be issued in view of the interdiction in the
Regulations.
3. Though learned senior counsel appearing for the
W.A.No.1393 of 2008
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appellant contended that such a direction will not cause any prejudice to
any other candidate, we are unable to accede to the above request. Lastly,
the senior counsel invited our attention to a judgment rendered by a
Division Bench of this Court in W.A.No.2365 of 2006. In that case, this
Court had permitted a candidate in a similar situation to write the final
year examination without clearing the previous examinations. But, in our
view, the said judgment cannot be treated as a precedent for the purpose
of this case. The Regulation being such, it has to be respected and
complied with. Admittedly, the Regulation prescribes that only those
candidates who have passed the previous examinations can be allowed to
write the final year examination. Therefore, the view taken by the learned
Single Judge cannot be faulted.
We do not find any illegality or irregularity in the view
taken by the learned Single judge. There is no merit in this writ appeal and
therefore it is dismissed.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
vns