IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 16249 of 2011(E) ---------------------- PETITIONER: ------------------ REMYA R.S., AGED 24 YEARS, D/O. G.SUKUMARAN ASARI, RESIDING AT 'SARATHI', IDAVAKOD P.O., SREEKARIYAM, THIRUVANANTHAPURAM. (3RD PROFESSIONAL, GOVERNMENT AYURVEDA COLLEGE, PARIYARAM P.O., KANNUR DISTRICT.) BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ----------------------- 1. KANNUR UNIVERSITY, REPRESENTED BYITS REGISTRAR, KANNUR, PIN-670 001. 2. CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR, PIN-670 001. 3. PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE, PARIYARAM MEDICAL COLLEGE, PARIYARAM, KANNUR, PIN-670 001. R1 & R2 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.16249/2011 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTIFICATION DATED 02-06-2011 RELEASED IN MALAYALA MANORAMA DAILY DATED 03-06-2011. EXT.P2 : COPY OF THE RECEIPT OF FEE WHICH WAS REMITTED BY THE PETITIONER FOR THE 3RD PROFESSIONAL EXAMINATION TO BE COMMENCED FROM 28-06-2011 ON 08-06-2011. EXT.P2 (a) : COPY OF THE APPLICATION FORM OF KANNUR UNIVERSITY. EXT.P3 : APPLICATION FORM SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 17-06-2011. EXT.P3 (a) : TRUE COPY OF CHALAN RECEIPT DATED 17-06-2011. EXT.P4 : COPY OF THE ORDER IN W.P (C) NO.14023/2008 DATED 09-05-2008 PASSED BY THIS HON'BLE COURT. EXT.P5 : COPY OF THE JUDGMENT IN W.P (C) NO.34639/2007 DATED 11-12-2007 PASSED BY THIS HON'BLE COURT. EXT.P6 : COPY OF THE DICTUM LAID DOWN IN 2001 (2) SCC 249. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 16249 OF 2011 ------------------------------------------------- DATED THIS THE 27th DAY OF JUNE, 2011 J U D G M E N T The petitioner is a 3rd professional B.A.M.S student in the Government Ayurveda College, Pariyaram. In one paper of the 2nd professional examination, the petitioner did not qualify. Therefore, she applied for revaluation and the result is awaited. The 3rd professional examination is commencing tomorrow. Application made by the petitioner to register herself as candidate was not accepted by the 2nd respondent. It is therefore this writ petition is filed with the following prayer. “Issue a writ of mandamus or any other appropriate writ, order or directing the 2nd respondent to issue direction to the 3rd respondent to accept Ext.P2 (a) application from the petitioner for 3rd professional examination to be commenced from 28-06-2011 as notified in Ext.P1” 2. Standing Counsel for the University submits that as per the Regulations of the University unless the student has successfully completed 2nd professional examination, the student cannot appear for the 3rd examination. This factual W.P (C) No.16249/2011 -2- position is not in dispute. If that be so, the respondents 1 & 2 cannot be faulted in their stand in rejecting her application. This view that I have taken is fully supported by the Division Bench in WA No.1393/2008. 3. In said circumstances, I do not find any merit in the writ petition. Hence this writ petition is dismissed. Sd/- ANTONY DOMINIC JUDGE AMG True copy P.A to Judge