High Court Kerala High Court

Midhula V vs Kannur University on 9 November, 2010

Kerala High Court
Midhula V vs Kannur University on 9 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33527 of 2010(M)


1. MIDHULA V.,
                      ...  Petitioner
2. RAMSEENA K.N., DO.  DO.
3. MUHSINA BEEGAM P.K.,
4. JASEEL MUBARAK,

                        Vs



1. KANNUR UNIVERSITY, REP. BY REGISTRAR,
                       ...       Respondent

2. THE PRINCIPAL KANNUR DENTAL COLLEGE,

3. THE CONTROLLER OF EXAMINATIONS,

                For Petitioner  :SRI.A.K.SRINIVASAN

                For Respondent  :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/11/2010

 O R D E R
                      ANTONY DOMINIC, J.

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                W.P.(C) No. 33527 of 2010 M
            ```````````````````````````````````````````````````````
         Dated this the 9th day of November, 2010

                           J U D G M E N T

Petitioners are third year BDS students in the

second respondent college.

2. According to the petitioners, the second year

examination ought to have been held in October, 2009, but,

was held only from 05-04-2010. The third year classes

commenced on 01-05-2010. By then, results of the second

year examination were not declared and, therefore, the

college permitted the petitioners to attend the third year

classes. When the results were declared on 14-06-2010,

petitioners 1 to 3 failed in one subject each and the 4th

petitioner failed in two subjects. They appeared for

supplementary examination and results are awaited.

However, they had to discontinue the third year course in

terms of the regulations of the University, which prescribe that

only those who have passed all subjects of the second year

W.P.(C) No.33527/10
: 2 :

can continue their third year course.

3. In this writ petition, what they seek is a direction to

the University to permit them to continue in the third year

classes till the publication of the result of the second year

supplementary examination and also to allow them to appear

for the third year examination if they come out successful in

the second year supplementary examination. Admittedly,

regulations framed by the Dental Council of India and the

University require that only such students who pass all the

subjects of the second year, can continue to attend the

classes of the third year. In this case, admittedly, petitioners

do not satisfy these conditions. If that be so, petitioners can

neither attend the classes nor can they be permitted to

appear in the examination of the third year.

4. Learned counsel for petitioners relied on paragraph

3 of Ext.P2 judgment. Reading of this judgment shows that

such a direction, which is inconsistent to the regulations of the

University, was issued taking note of the peculiar

W.P.(C) No.33527/10
: 3 :

circumstance that on account of the delay on the part of the

University in declaring the results, the students were

permitted to continue to attend the classes. Such a situation

does not exist here. Therefore, I am not persuaded to direct

the University to permit the students to continue to attend the

classes or to appear for the third year examination, as the

petitioners do not satisfy the conditions laid down in the

regulations. Having regard to the above, I am also not

inclined to direct consideration of the representation made by

the petitioners.

Writ petition fails and it is dismissed.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge