IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 34699 of 2009(F) --------------------------------------- PETITIONER(S): ------------------------ 1. RASHEED.S.A.P., FINAL YEAR BDS STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARAGOD. 2. LEESHMA PRABAKAR.S. FINAL YEAR BDS STUDENT, DO. DO. BY ADV. SRI.A.MOHAMED MUSTAQUE SMT.LAKSHMI RAJAN RESPONDENT(S): -------------------------- 1. THE REGISTRAR, KANNUR UNIVERSITY UNIVERSITY CAMPUS. P.O., MANGATTUPARAMBA, KANNUR, KANNUR DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, UNIVERSITY CAMPUS P.O., MANGATTUPARAMBA, KANNUR, KANNUR DISTRICT. R1 & R2 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.34699/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MARK LIST OF 1ST PETITIONER.(REG NO.4211) P2 COPY OF THE MARK LIST OF 2ND PETITIONER (REG.NO.6021) P3 COPY OF THE NOTIFICATION ISSUED BY KANNUR UNIVERSITY DATED 24/11/09. P4 COPY OF THE REGULATION ISSUED BY KANNU UNIVERSITY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE ANTONY DOMINIC, J. ................................................. W.P(C) NO.34699 OF 2009 ......................................................................... Dated this the 8th March, 2011 J U D G M E N T Petitioners are final year BDS students of Century Dental College affiliated to the respondent University. As per the regulations of the University, only those, who have successfully passed Part-I final examination, can appear for Part-II examination. For the reason that they did not pass Part-I final examination, they could not appear for Part-II examination. In the said circumstance, this Writ Petition is filed. 2. Based on the interim order passed by this Court, already the petitioners appeared for Part-II examination and the results are now withheld. During the pendency of the writ petition, the petitioners also appeared for the failed subjects of Part-I final examination and passed those subjects also. Thus, as on date, the petitioners have already passed Part-I final examination completely. W.P(C) NO.34699 OF 2009 2 3. Going by the regulations, the stand taken by the University cannot be said to be illegal and the view taken by the University is consistent with the view taken by this Court in the judgment and decree dated 04.02.2011 in W.P(C)Nos.23397 and 24764 of 2010. However, as at present, the petitioners have passed Part-I final examination, and therefore, I am inclined to think that leniency should be shown to the petitioners and hence I direct the University to declare the results of Part-II final examination undertaken by the petitioners. The University shall publish the withheld result as expeditiously as possible at any rate within three weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE. dmb