IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7688 of 2009(F) -------------------------------- PETITIONER(S): ------------------ DHANYA DAYANANDAN, D/O K.DAYANANDAN, AGED 24 YEARS, FINAL YEAR M.B.B.S.STUDENT, ACADEMY OFMEDICAL SCIENCES (ACME), PARIYARAM, RESIDING AT DHANYA NIVAS, S.S.TEMPLE ROAD, GRAMAM WEST, PAYYANNUR VILLAGE, TALIPARAMBA TALUK, BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT(S): ------------------- 1. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, P.O.MANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR DT. 2. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, P.O,MANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR DT. 3. THE PRINCIPAL, ACADEMY OF MEDICAL SCIENCES, PADIYARAM, KANNUR DT. SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY SRI.P.V.SURENDRANATH FOR R3, SC FOR PARIYARAM MEDICAL COLLEGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 7688 OF 2009 (E) ==================== Dated this the 12th day of March, 2009 J U D G M E N T Petitioner submits that she has appeared for the Final year M.B.B.S. Part II Supplementary Examination held in December and January 2009 and results are yet to be announced. The final year Part II Examination is to commence on 13/3/2009. In view of the fact that she has not successfully completed Part I Examination, she is not permitted by the University to appear for the examination and it is therefore that the writ petition is filed. 2. Counsel for the petitioner relies on Ext.P5 judgment rendered by this Court in support of the contention that the petitioner deserves to be admitted for the examination. However, on facts, I am not inclined to hold that the said judgment applies to the case of the petitioner. 3. On the other hand, as rightly pointed out by the standing counsel appearing for the respondent University, the case is squarely covered against the petitioner by the judgment in WP(C) NO.19976/08, which was also filed by the petitioner. It is seen that the aforesaid judgment has been confirmed by the WPC 7688/09 :2 : Division Bench of this Court in WA No.1393/08. 4. From these judgments, it is evident that unless a candidate has successfully passed the examination, irrespective of whether the candidate is awaiting results or not, a candidate is not eligible. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp