IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 20723 of 2010(M) ----------------------------------------- PETITIONER(S): ------------------------- 1. DEEPAK JOSEPH, S/O.N.T.JOSEPH, AGED 22 YEARS, PLACKAL HOUSE, THOTTAIKKAD P.O., KOTTAYAM. 2. FEBIN JOHN FRANCIS, "NELFI", ST.ANDREWS, ST.XAVIER'S COLLEGE P.O.,THIRUVANANTHAPURAM. 3. SHIMOJ.M.V., M.V.HOUSE, ANNOOR P.O., PAYYANNUR-VIA, KANNUR DISTRICT. 4. ANAKHA.P., SREENILAYAM, KALLERI BHAGAM P.O., KARUNAGAPPALLY,KOLLAM DISTRICT. 5. PRIYANGA PUSHKARAN, VELLASSERI HOUSE, LAL SALAM ROAD, PACHALAM P.O., KOCHI-12. 6. THOUFEEQ.P.N, PLANCHUVATTIL MALAYIL HOUSE, PADUTHODU P.O., VENNIKULAM,PATHANAMTHITTA. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SRI.T.K.BIJU. RESPONDENT(S): --------------------------- 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 3. THE PRINCIPAL, REGIONAL INSTITUTE OF MEDICAL SCIENCES & RESEARCH, PUTHUPPALLY, PUTHUPPALLY P.O.,KOTTAYAM. R1 & R2 BY ADV. SRI. T.A. SHAJI, SC, M.G. UNIVERSITY R3 BY ADV. SRI. TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20723 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of July, 2010. J U D G M E N T The petitioners are students of B. Pharm. course. Their course of study was over in 2009-2010. They have cleared all papers of the 1st year B. Pharm. examination. They claim to have cleared most of the papers of 2nd and 3rd year B. Pharm. examination. The petitioners now want to write the 4th year examination. According to the petitioners, since there is delay in publication of the 2nd year B. Pharm. examination results, the petitioners should be allowed to write the 4th year examination without insisting on passing the 2nd year examination. Therefore, the petitioner have filed this writ petition seeking the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioners to remit the fee and to appear for the 4th year B. Pharm examinations pending declaration of result of the 2nd year B. Pharm Supplementary Examinations appeared by the petitioners, ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st and 2nd respondent to consider and dispose of Ext 35 representation forthwith.” 2. I have heard the counsel for the petitioner as also the standing counsel for the University. 3. The petitioners do not dispute the fact that as per Rules, they cannot write the 4th year examination without clearing all papers in the 2nd year examination. They also do not dispute that they have not so far cleared the 2nd year examination. It is not as if they are awaiting the results of the 1st examination for the 2nd year. They are awaiting results of only the supplementary examination for the 3rd year. They have not been able to clear the 2nd year examinations even after two years. In view of the fact that the Rules do not permit W.P.C. No. 20723/2010 -: 2 :- writing of the 4th year examination without clearing all papers in the 2nd year examination, I do not think that the petitioners can seek a direction to the University to permit them to write the 4th year examination against the Rules. If on considerations of sympathy, I direct so, there would be no meaning in having the Rules stipulating clearing of all papers of the 2nd year examination as a condition for being eligible for appearing for the 4th year examination. In the above circumstances, there is no merit in the writ petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.