IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 17722 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. JOBIN JOSE, S/O.T.C.CHACKO, THEVARUMKAL(H), EDAVETTY PO, THODUPUZHA. 2. KRISHNAKUMAR S.R. S/O.SREEKANDAN NAIR, ANAVOOR (PO), MANAVARI. 3. RIA ABRAHAM, D/O.CHERIAN, EADATH (H) MARADY PO, MUVATTUPUZHA. 4. AMALA JAMES, D/O.JAMES P.THOMAS, PORASSERY(H) MIDAYIKUNNAM PO, THALAYOLAPARAMBU, KOTTAYAM, 5. RAVIKRISHNAN V, S/O.VENUGOPAL M, SREE VALSAM MUNDAKKAL, TRIPUNITHURA. 6. PONNY PAUL, D/O.PAUL V.K.,VAYALIL (H) VANDANMEDU PO, IDUKKI. 7. AMBIKA P. D/O.N.BALAKRISHNAN, MULAPATTIVELI (H) CHERTHALA SOUTH CHERTHAL, ALAPPUZHA. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SMT.BOBY M.SEKHAR SMT.FOUSIA SATHAR RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REP BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM DIST. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM DIST. 3. PRINCIPAL, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DIST. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 2 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 W.P ( C) No. 17722 of 2009 3 W.P ( C) No. 17722 of 2009 4