IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 29749 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. DR.MADHAVADAS K. IIND YEAR M.D.S STUDENT GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 2. DR.M.RAJESH KARTHIK,IIND YEAR M.D.S. STUDENT, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 3. DR.VARNA R., IIND YEAR M.D.S.STUDENT GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 4. DR.DHANYA DAMODARAN,IIND YEAR M.D.S. STUDENT, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 5. DR.LAKSHMI SEENAGESH,IIND YEAR M.D.S. STUDENT GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 6. DR.MALLYA ANURADHA RAGHUTHAM IIND YER M.D.S. STUDENT GOVERNEMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 7. DR.SANGHAVI DIPTI KIRIT, IIND YEAR M.D.S.STUDENT GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 8. DR.ARUN T.J., IIND YEAR M.D.S.STUDENT GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 9. DR.G.MADHUSUDHANA RAO, IIND YEAR M.D.S.STUDENT, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 10. DR.VIKASH GOYAL. IIND YEAR M.D.S. STUDENT, GOVERNMENT DENTAL CPLLEGE, THIRUVANANTHAPURAM. W.P.(C) No.29749/2008 : 2 : 11. DR.GOVIND SURYAVANSHI, IIND YEAR M.D.S. STUDENT, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 12. DR.SIVAKUMAR R., IIND YEAR M.D.S. STUDENT, GOV ERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 13. DR.SWAGATHIKA PANDA, IIND YEAR M.D.S.STUDENT, GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 14. DR.P.PERUMAL,IIND YEAR M.D.S.STUDENT GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. 15. DR.JAINI JL, IIND YEAR M.D.S.STUDENT, GOVERNMENT DENTAL COLLEGE,THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 2. DENTAL GOUNCIL OF INDIA, REPRESENTED BY THE SECRETARY, DENTAL COUNCIL OF INDIA, TEMPLE LANE, KOTLA ROAD, NEW DELHI. 3. VICE CHANCELLOR, UNIVERSITY OF KERALA THIRUVANANTHAPURAM. 4. THE CONTROLLER OF EXAMINATION, UNIVERSITY OF KERALA,THIRUVANANTHAPURAM 5. DR.JAYAN JAMES JAMES IIND YEAR M.D.S.STUDENT GOVERNMENT DENTAL COLLEGE THIRUVANANTHAPURAM. 6. DR.P.MOHAMMED KUNJU SYNDICATE MEMBER, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. W.P.(C) No.29749/2008 : 3 : 7. DR. K.A.ANDREW, SYNDICATE MEMBER, UNIVERSITY OF KERALA,THIRUVANANTHAPURAM. 8. DR.M.T.SULEKHA, CONTROLLER OF EXAMINATION, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1,3,4,6-8 SRI.BECHU KURIAN THOMAS FOR R5 SRI.ROSHEN.D.ALEXANDER FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29749 of 2008 ------------------------------- Dated this the 20th November, 2008. J U D G M E N T The petitioners are second year M.D.S. students of Dental College, Thiruvananthapuram. This writ petition was filed aggrieved by the decision taken by the University of Kerala to cancel the first year M.D.S. Examination, on the ground that the viva voce was not conducted in tune with the Dental Council of India Rules. 2. Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioners submits with reference to the averments in paragraph 7 of the counter affidavit dated 31.10.2008, sworn to by the Controller of Examinations, University of Kerala, that as the Heads of Departments of the Dental College, Thiruvananthapuram, have moved the Vice Chancellor in representation dated 29.9.2008 requesting the Syndicate of the University to review its decision to cancel the examination in question and as the Vice Chancellor has placed W.P.(C) No.29749/2008 2 the matter before the Syndicate, the petitioners are not desirous of prosecuting the writ petition at present. He further submits that without prejudice to their contentions and reserving liberty with them to move this Court again, if occasion arises therefor, this writ petition may be closed as withdrawn. Sri.Bechu Kurian Thomas, the learned counsel appearing for the fifth respondent against whom allegations of mal practice have been made by some of the examiners, opposed the said request, stating that a decision on the merits may be taken as regards the mal practices alleged against him. 3. What the petitioners essentially seek is to quash the decision taken by the University to cancel the first year M.D.S. Examination held in June-2008. Their grievance is not connected with the allegation of mal practice levelled against the fifth respondent. In these circumstances, the fifth respondent cannot oppose the prayer made by the learned counsel for the petitioner for leave to withdraw the writ petition. W.P.(C) No.29749/2008 3 In the result, the submission made the learned counsel appearing for the petitioners is recorded and the Writ Petition is closed as withdrawn, reserving liberty with the petitioners to move this Court afresh, if occasion arises in future. It is also clarified that the contentions of the fifth respondent are left open and that he will be free to initiate appropriate proceedings for redressal of his grievances, if the University decides to proceed against him for the mal practices alleged to have been committed by him in the first year M.D.S. Examination held in June 2008. P.N.RAVINDRAN, JUDGE nj.