IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 65 of 2010(G) --------------------------------- PETITIONERS: --------------------- 1. JESNA JOY, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. LESLY ALEX, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. JEENA AUGUSTINE, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. ASHLY JOHN, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 5. ANSA MARY VARGHESE, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 6. BILU BABU, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLE OF PAHRMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 7. BLESSY BABY, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 8. JEWELET ANN BABY 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 9. AJOOB GEORGE, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. W.P.(C). NO.65/2010-G: 10. ABIN SAVIO, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 11. SREEJITH K.S., 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 12. NIKHIL RANJAN, 2ND YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, ADV. SRI.JIJI THOMAS. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 4. PRINCIPAL, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. R1 TO R3 BY SRI. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.65/2010-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE M.G. UNIVERSITY REGULATION DTD. 11/01/2006. EXT.P.2: COPY OF THE ORDER DTD. 16/06/2008 ISSUED BY THE M.G. UNIVERSITY. EXT.P.3: COPY OF THE ORDER DTD. 29/11/2008 ISSUED BY THE M.G. UNIVERSITY. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C).NO.2715/2009 DTD. 02/04/2009. EXT.P.5: COPY OF THE REPRESENTATION DTD. 26/10/2009. EXT.P.6: COPY OF THE ORDER IN W.P.(C).NO.34035/2009 DTD. 04/12/2009. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C).NO.415/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.65 OF 2010(G) -------------------------------------------------- Dated this the 15th day of September, 2010 J U D G M E N T Petitioner is a B. Pharm student. The issue raised is in relation to the eligibility of the petitioner to appear for the second year examination. Admittedly, the eligibility for appearance in the 2nd year examination depends upon the satisfaction of the conditions prescribed by the University in Ex.P3 regulations. Therefore, if applying the provisions of Ext.P3, the petitioner is found to be eligible, necessarily the 2nd year examination for which the petitioner appeared in pursuance to the directions of this court's order dated 12.1.2010 should be declared. 2. Having regard to the submission made by the counsel for the petitioner that second year supplementary examinations are to commence soon, it is directed that on the production of a copy of this judgment, the 3rd respondent shall assess the eligibility of the petitioner to have appeared for the examination, applying the provisions of Ext.P3 regulation. On such assessment, if it is found that the petitioner was eligible, the results shall be declared forthwith. This shall be done at any rate before the WPC.No.65 /2010 :2 : supplementary examination commences. Petitioner shall produce a copy of the judgment before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/