IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 34214 of 2010(B) ---------------------------------------- PETITIONER(S): ----------------------- 1. SATHEESH. P.B, IIIRD YEAR BDS STUDENT, MALABAR DENTAL COLLEGE, CHEGANOOR ROAD, MUDUR.P.O, EDAPPAL, MALAPPURAM - 679 578. 2. SHAJNA. P.M, IIIRD YEAR BDS STUDENT, MALABAR DENTAL COLLEGE, CHEGANOOR ROAD, MUDUR. P.O, EDAPPAL, MALAPPURAM - 679 578. BY ADV. SRI.A.MOHAMED MUSTAQUE, SRI.K.R.AVINASH (KUNNATH). RESPONDENT(S): ------------------------- 1. THE CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY.P.O, THENJHIPALAM, CALICUT - 673 635. 2. THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERITY, CALICUT UNIVERSITY.P.O, THENJHIPALAM, CALICUT - 673 635. 3. THE PRINCIPAL, MALABAR DENTAL COLLEGE, MANOOR, CHEGANOOR ROAD, MUDUR.P.O, EDAPPAL, MALAPPURAM - 679 578. 4. THE DENTAL COUNCIL OF INDIA, AIWAN-E. GALIB MARG, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110 001. R1 & R2 BY ADV. MR.P.C. SASIDHARAN, SC, CALICUT UNIVERITY. BY ADV. MR.SAJEEV KUMAR K.GOPAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ------------------------- W.P (C) No.34214 of 2010 -------------------------- Dated this the 12th November, 2010 J U D G M E N T Petitioners are students of the 3rd respondent, a self financing Dental College affiliated to the first respondent University. In the second year examination held in October, 2009, they did not pass in two subjects. Before the declaration of the results, third year classes commenced. Despite having failed in the examination, college allowed the petitioners to continue their classes. In the meantime, it is stated that they appeared in the supplementary examination and the petitioners have passed the subjects. 2. Now, for the reason that at the time when the third year classes commenced, they had not passed all the subjects of the second year the University did not issue hall tickets. The writ petition is therefore filed seeking a direction to the University to permit the petitioners to appear for the third year examination. 3. The University relied on Exts.P3 regulations which require that the students should pass all subjects of W.P (C) No.34214 of 2010 2 the 2nd year to get promoted to the third year and to attend the classes. It is stated that without the knowledge or consent of the University, the college would have permitted the students to continue their studies against the regulations and that therefore, they cannot be faulted for not issuing hall tickets. 4. Admittedly, petitioners could not have continued the third year studies without having passed all the subjects of the second year examination. Therefore, this stand of the University is fully supported by Ext.P3 regulation. 5. Therefore, if the college unauthorisedly permitted the students and the students continued their studies in the third year, University cannot be directed to permit the students to appear in the examination. In that view of the matter, I am not persuaded to interfere with this writ petition. Writ petition is dismissed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge