IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37622 of 2009(W)
1. ROSHNY KRISHNAN.V, IIND YEAR STUDENT,
... Petitioner
2. HIBA AHAMMED, -DO-
3. AMAL MOHAMMED YAKOOB, -DO-
4. NAJILA.C.H, -DO-
5. NARISH RASHEED, -DO-
6. SABITHA.P, -DO-
7. RUPESH.A.R, -DO-
8. JAMSHED.C.K, -DO-
9. THOUFEEQUE ALI AHAMMED.N.M, -DO-
10. NIJILK, -DO-
11. MISHIYAS.K, -DO-
Vs
1. KANNUR UNIVERSITY, REP. BY REGISTRAR,
... Respondent
2. THE PRINCIPAL,
3. THE CONTROLLER OF EXAMINATIONS,
For Petitioner :SRI.A.K.SRINIVASAN
For Respondent :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/07/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.37622 of 2009
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Dated this the 22nd day of July, 2010
J U D G M E N T
The petitioners are students of the 2nd respondent
college undergoing BDS course. They wrote the first year
BDS examination which commenced on 30.10.2008. During
previous years, the first year BDS Degree results were
published within 45 days from the date of examination. But
in 2008, it was not so published. In the meanwhile, the 2nd
year classes started. Therefore the petitioners were
allowed to attend the 2nd year classes. As per rules only
after passing the first year examination the students can
attend the 2nd year and write the 2nd year examination.
While the petitioners were so attending the 2nd year classes
the results of the first year were published and the
petitioners failed in some subject/subjects. They were
directed to discontinue attending the 2nd year classes. They
subsequently wrote the supplementary examination and
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passed the 1st year examination. But they were not
permitted to write the 2nd year examination. It is under the
above circumstances the petitioners have filed this writ
petition seeking the following reliefs:
“(a) Issue a writ of Mandamus or any other appropriate writ,
order or direction, directing the respondents to permit
the petitioners to remit the 2nd year BDS examination
fees for the exams to be held shortly by the 1st
respondent.
(b) Issue a writ of Mandamus or any other appropriate writ,
order or direction, directing the 1st, 2nd and 3rd
respondents to permit the petitioners who has come out
successfully in the 1st year supplementary BDS
examination to appear in the 2nd year BDS examination.”
2. By an interim order dated 23.12.2009 the
petitioners were permitted to provisionally pay the
examination fee for the 2nd year BDS examination subject to
further orders. Later by order dated 04.03.2010 they were
permitted to write the 2nd year BDS examination also. Now
what remains to be done in this writ petition is to decide as
to whether the results of the petitioners’ 2nd year
examination should be published or not. That exact
question was considered by me in W.P. (C) No.9336/2010,
wherein for the reasons stated therein, I found that since
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the fault is not on the students, they should not be deprived
on the results of the examination, which they had written as
per orders of this court. In the above circumstances
following that judgment, this writ petition is disposed of
directing the respondents to declare the results of the
petitioners’ 2nd year examination as if the petitioners had
written the examination validly.
S. SIRI JAGAN
JUDGE
shg/