High Court Kerala High Court

Jobin Jose vs Mahatma Gandhi University on 17 July, 2009

Kerala High Court
Jobin Jose vs Mahatma Gandhi University on 17 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17722 of 2009(I)


1. JOBIN JOSE, S/O.T.C.CHACKO,
                      ...  Petitioner
2. KRISHNAKUMAR S.R.
3. RIA ABRAHAM,
4. AMALA JAMES,
5. RAVIKRISHNAN V,
6. PONNY PAUL,
7. AMBIKA P.

                        Vs



1. MAHATMA GANDHI UNIVERSITY, REP BY ITS
                       ...       Respondent

2. VICE CHANCELLOR, MAHATMA GANDHI

3. PRINCIPAL, NIRMALA COLLEGE OF PHARMACY,

                For Petitioner  :SMT.AYSHA YOUSEFF

                For Respondent  :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY

The Hon'ble MR. Justice V.GIRI

 Dated :17/07/2009

 O R D E R
                              V.GIRI,J.
                        -------------------------
                   W.P ( C) No. 17722 of 2009
                       --------------------------
                  Dated this the 17th July,2009

                         J U D G M E N T

Petitioners are 4th year B.Pharm students studying

in the Nirmala College of Pharmacy, Muvattupuzha. They

are now aggrieved that they have not been permitted to

continue their prosecution of 4th year course on the

premise that they have not cleared all the papers in the

second year.

2. Going by the regulations as pleaded by the

University, it is true that persons who have not cleared all

the papers in the 2nd year should not be permitted to

attend the classes. But as is seen from the counter

affidavit filed by the University in fact the petitioners had

attended the 3rd year course and had given the

examination for the 3rd year also after being issued hall

ticket in this regard.

3. In these circumstances, I am of the view that

petitioners should be permitted to attend the 4th year.

W.P ( C) No. 17722 of 2009
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Obviously, petitioners can appear for the 4th year

examination only after clearing the 2nd year papers in

entirety.

Subject to the above, writ petition is disposed of . It is

made clear that the aforementioned permission is granted

only in the peculiar facts and circumstances of the case and

the same shall not be treated as a precedent in any other

matter nor should this judgment be treated as an

expression of opinion by this Court on the regulations

which governs the B.Pharm students.

(V.GIRI,JUDGE)
ma

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