IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 865 of 2010(G) ------------------------ PETITIONER(S): --------------- 1. SRUTHY K.VINCENT, 2ND PROFESSIONAL BDS, ANNOOR DENTAL COLLEGE, MUVATTUPUZHA. 2. DENIS JACOB KURIAN, 2ND PROFESSIONAL BDS, PUSHPAGIRI DENTAL COLLEGE, PUSHPAGIRI, THIRUVALLA. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. M.G.UNIVERSITY, KOTTAYAM, REPRESENTED BY THE REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, KOTTAYAM. 3. THE PRINCIPAL AND CHIEF EXAMINER, ANNOOR DENTAL COLLEGE, MUVATTUPUZHA. 4. THE PRINCIPAL AND CHIEF EXAMINER, PUSHPAGIRI DENTAL COLLEGE, THIRUVALLA. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.865/2010. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE JUDGMENT IN W.P.(C).No. 31953/2009. P2. COPY OF THE RELEVANT PORTION OF THE NOTIFICATION. P3. COPY OF THE LETTER DTD.28.12.09. P4. COPY OF THE RELEVANT PAGE OF THE REGULATIONS. P5. COPY OF THE RELEVANT PAGES OF REGULATIONS DTD.10.5.06. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 865 of 2010 ================== Dated this the 4th day of August, 2010 J U D G M E N T At the time of filing this writ petition, the petitioners were second year BDS students, who had completed the course. They filed this writ petition since they were not permitted to write the second year examination on the ground that they had not passed in all papers of the first year BDS examination. According to the petitioners, they had applied for revaluation and, therefore, pending revaluation results, they should be permitted to write the examination. This Court passed the following interim order on 12.1.2010: “There will be an interim direction as prayed for, which will be provisional and subject to the result of the revaluation.” 2. It is now submitted that, on revaluation, the 1st petitioner failed, whereas the 2nd petitioner passed the examination. The learned counsel for the petitioners now submits that during the pendency of the writ petition, the 1st petitioner had written the supplementary examination for the first BDS year examination and passed and hence the 1st petitioner also may be permitted to retain the results of the examination, which she wrote pursuant to the interim order. 3. I have heard the learned standing counsel appearing for the University also. 4. Admittedly, as per the rules applicable, a student can write the second year BDS examination only after passing all subjects of the w.p.c.865/10 2 1st year examination and the 1st petitioner did not pass the first year examination before she wrote the second year examination on the strength of the interim order. In the interim order, it has been specifically made clear that writing of the examination would be provisional and subject to the result of the revaluation. As such, the 1st petitioner cannot now take a stand that because the 1st petitioner subsequently passed the first year supplementary examination she should be allowed to retain the results of the examination which she wrote on the strength of the interim order. In the above circumstances, the 1st petitioner is not entitled to the results of the examination, which she wrote pursuant to the interim order. However, since the 2nd petitioner had passed the examination of the first year examination on revaluation, he is entitled to keep the results of the examination, which he wrote pursuant to the interim order. Accordingly, this writ petition is disposed of with a direction to the University to publish the results of the second year examination of the 2nd petitioner. As already stated, the 1st petitioner is not entitled to any relief in this writ petition and her results shall not be published and the examination she wrote on the strength of the interim order would stand cancelled. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge