IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 8553 of 2010(T) ------------------------------------- PETITIONERS: --------------------- 1. MANJUSHA JOSE, AGED 22 YEARS, D/O.JOSE K.A., KAITHARATH HOUSE, KOMBARA WEST, IRINJALAKUDA P.O., THRISSUR DISTRICT. 2. SIMSIE KATHARIN, AGED 22 YEARS, S/O.T.P.VARGHESE, THEKKUDEN HOUSE, ARIVENNUR P.O., POTHENKODE, IRINJALAKUDA, THRISSUR DISTRICT. 3. FATHIMATH SUHARA, AGED 25 YEARS, D/O.KUNJABDULLAH, PERUVANNOOR HOUSE, KALATHI P.O., KOZHIKODE- 673 506. BY ADVS. SRI.P.GOPALAKRISHNA MENON, SRI.M.JITHESH MENON. RESPONDENTS: ------------------------ 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 3. MAR BASELIOS DENTAL COLLEGE, THANKALAM, KOTHAMANGALAM-686 691. 4. THE DENTAL COUNCIL OF INDIA, AIWAAN-E, GALIB MARG, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY. R1 & R2 BY SRI.T.A.SHAJI, S.C, R4 BY ADV. SRI.SAJEEV KUMAR K.GOPAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8553/2010-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGULATIONS FRAMED BY THE R.4. EXT.P.2: COPY OF THE REGULATION FOR THE DEGREE OF BACHELOR OF DENTAL SURGERY OF THE MAHATMA GANDHI UNIVERSITY. EXT.P.3.A: COPY OF THE MARK LIST OF THE SUPPLEMENTARY EXAMINATION HELD IN SEPTEMBER 2009 OF THE P.1. EXT.P.3.B: COPY OF THE MARK LIST OF THE SUPPLEMENTARY EXAMINATION HELD IN SEPTEMBER 2009 OF THE P.2. EXT.P.3.C: COPY OF THE MARK LIST OF THE SUPPLEMENTARY EXAMINATION HELD IN SEPTEMBER 2009 OF THE P.3. EXT.P.4.A: COPY OF THE MEMOS ISSUED BY THE R.1. UNIVERSITY INTIMATING THE REVALUATION RESULTS. EXT.P.4.B: COPY OF THE MEMOS ISSUED BY THE R.1. UNIVERSITY INTIMATING THE REVALUATION RESULTS. EXT.P.4.C: COPY OF THE MEMOS ISSUED BY THE R.1. UNIVERISTY INTIMATING THE REVALUATION RESULTS. EXT.P.5: COPY OF THE EXAMINATION FEE RECEIPT OF THE P.1. EXT.P.6.A: COPY OF THE LETTER ADDRESSED BY THE PRINCIPAL OF THE R.3. COLLEGE TO THE R.2. DTD. 11/03/2010. EXT.P.6.B: COPY OF THE LETTER ADDRESSED BY THE PRINCIPAL OF THE R.3. COLLEGE TO THE R.2. DTD. 11/03/2010. EXT.P.6.C: COPY OF THE LETTER ADDRESSED BY THE PRINCIPAL OF THE R.3. COLLEGE TO THE R.2. DTD. 11/03/2010. EXT.P.7: COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT IN W.P.(C). NO.7601/2009 AND W.P.(C).NO.8180/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8553 of 2010 (T) --------------------------------- Dated, this the 8th day of September, 2010 J U D G M E N T Petitioners were BDS students in the 3rd respondent College, which is affiliated to the 1st respondent University. They approached this Court complaining that they were not permitted to appear for the Part I final year examination, which was scheduled to be held on 18/03/2010. 2. Briefly stated the facts of the case are that Exts.P1 & P2 are the Regulations framed by the Dental Counsel of India and the 1st respondent University governing the BDS Course. In terms of the said Regulations, a candidate should pass all the subjects of the 3rd year BDS before he is promoted to the course of study of final BDS Part-1. It further provides that carry over will be given, if the candidate fails in one subject only. 3. In so far as the petitioners are concerned, they appeared for the 3rd BDS subjects and failed in two subjects. Although going by the terms of the Regulations, they were not eligible to continue WP(C) No.8553/2010 -2- their studies in the 4th year, the College permitted them to continue their studies. Meanwhile they applied for revaluation and the results were awaited. While so, in September, 2009, supplementary examination was held. The petitioners appeared for the supplementary examination and passed both the failed subjects. The results of the supplementary examination were declared on 19/12/2009. In March 2010, revaluation results were also declared and the petitioners passed in one subject and they failed in the other subject. It was while so that on 18/03/2010, final year Part-I examination was scheduled and despite Ext.P6 recommendation of the Principal to permit them to appear for the examination, the University declined and therefore the writ petition has been filed. 4. Contention of the learned counsel for the petitioners is that in spite of the Regulations, the petitioners having been allowed to continue their studies in the final year and as they have successfully passed in the supplementary examination, they should have been allowed to appear for the final year Part I examination. Alternatively it is also stated that in the revaluation, they have passed in one subject each of the two failed, which satisfies the WP(C) No.8553/2010 -3- Regulations, which provided that carry over is given in one subject, and that therefore, they were qualified to appear for the final year Part-I examination. 5. However, stand of the University is that going by original results of the petitioners, they failed in two subjects each and that therefore, they could not have been permitted to continue their course. It is stated that contrary to the Regulations, the Principal of the College permitted the petitioners. It is stated that in view of the ineligibility of the petitioners to continue their course, irrespective of whether they have successfully passed in the supplementary examination or even in the revaluation results, which were declared subsequently, their ineligibility continued. It is stated that therefore the petitioners cannot take advantage of the attendance they have got, despite the ineligibility in terms of the Regulations. Admittedly, Exts.P1 & P2 are the Regulations, in terms of which, having regard to the fact that the petitioners had failed in two subjects in the 3rd BDS examination, they could not have continued their studies. That contention of the University deserves acceptance. However, fact remains that despite the above, the WP(C) No.8553/2010 -4- petitioners attended classes and have by now completed the 4th year course as well. It is also a fact that before the Part-I final examination was scheduled, the petitioners had also successfully passed the failed subjects in the supplementary examination, the results of which were declared in December, 2009. That apart, pursuant to the interim directions of this Court dated 17/03/2010, the petitioners have also appeared for the Part-I examination of the final year BDS course. In these circumstances, I do not think it just or proper to unsettle everything that was happened, and therefore, the University, in my view, should regularize the attendance of the petitioners both in the final year classes and also their appearance in the Part-I final year examination, which the petitioners attended pursuant to the directions of this Court, and on that basis, results of the petitioners also shall be declared. There will be a direction to that effect. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg