IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 RP.No. 725 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.23183/2009 .................... REVIEW PETITIONER/1ST PETITIONER IN WPC: ---------------------------------------------------- NISSAR.S, BDS STUDENT, CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCE AND RESEARCH CENTRE, POINACHI, KASARGOD - 671541. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S)/RESPONDENTS: ----------------------------------- 1. THE VICE-CHANCELLOR, KANNUR UNIVERSITY, UNIVERSITY COMPUS MANGATTUPARAMBA, KANNUR - 670611. 2. THE REGISTRAR, KANNUR UNIVERSITY, KANNUR, UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR - 670567. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNVIERSITY, UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR - 670567. 4. THE PRINCIPAL, CENTURY DENTAL COLLEGE, POINACHI, KASARGOD - 671541. 5. THE DENTAL COUNCIL OF INDIA, AIWAN-E-GALIB MARG, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110001. BY ADV.SHRI M.SASEENDRAN (SC) FOR R1 TO R3 ADV.SHRI SAJEEV KUMAR K.GOPAL FOR R5 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------------------ R.P.NO.725 of 2010 IN W.P.(C) No.23183 of 2009 ------------------------------------------------ DATED THIS THE 6th DAY OF AUGUST, 2010 O R D E R The Writ Petition was dismissed as infructuous along with a batch of cases. It is pointed out in the Review Petition that the said submission was made wrongly at that point of time. 2. As per interim order dated 14.12.2009, this Court directed the review petitioner to appear for the supplementary examination scheduled from 17.12.2009. It was made clear in the order that the result of the examination so far as it relates to the petitioners need not be published unless otherwise ordered by this Court. 3. It is pointed out that unless specific directions are issued, it will cause great hardship to the petitioner. 4. Heard the learned Standing Counsel for the University also. In that view of the matter, the Review Petition is allowed and the judgment is recalled. T.R.RAMACHANDRAN NAIR, JUDGE. dsn 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 23183 of 2009(P) -------------------------- PETITIONERS: --------------- 1. NISSAR.S, BDS STUDENT, CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCE AND RESEARCH CENTRE, POINACHI, KASARGOD DISTRICT. 2. SHAMEERA.N.K., BDS STUDENT, -DO- -DO- BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): --------------- 1. THE VICE-CHANCELLOR, KANNUR UNIVERSITY, UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR DISTRICT. 2. THE REGISTRAR, KANNUR UNIVERSITY, KANNUR. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR. 4. THE PRINCIPAL, CENTURY DENTAL COLLEGE, POINACHI, KASARGOD DISTRICT. ADDL.R5: THE DENTAL COUNCIL OF INDIA, AIWAN E-GALIB MARG, KOTLA ROAD, TEMPLE LANE, NEW DELHI – 110 001, INDIA. (ADDL.R5 IMPLEADED AS PER ORDER DATED 15.9.09 IN I.A.No. 11339/09) ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1-3 SRI.SAJEEV KUMAR K.GOPAL FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD 3 ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 4 APPENDIX IN W.P.(C)NO.23183/09 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE MARK SHEET OF 1ST PETITIONER DATED 22.6.09. EXT.P2: TRUE COPY OF THE MARK SHEET OF 2ND PETITIONER -DO -DO- EXT.P3: TRUE COPY OF THE DENTAL COUNCIL OF INDIA REGULATIONS DATED 25.7.07. EXT.P4: TRUE COPY OF THE REQUEST MADE BY PETITIONERS BEFORE THE 1ST AND 3RD RESPONDENTS DATED 27.7.09. RESPONDENTS' EXTS: EXT.R5(A): TRUE COPY OF THE BDS REGULATIONS. TRUE COPY P.A. TO JUDGE 5 T.R.RAMACHANDRAN NAIR,J. ------------------------------------------------ W.P.(C) No.23183 of 2009 ------------------------------------------------ DATED THIS THE 6th DAY OF AUGUST, 2010 J U D G M E N T In the Writ Petition, the petitioners seek for a declaration that the petitioners have passed in the subjects in which they secured 50% marks in aggregate as per the Dental Council of India revised BDS Course Regulations, 2007. 2. By an interim order dated 14.12.2009, the respondents were directed to permit the petitioners to provisionally appear for the fourth year BDS Part I Examination commencing on 17.12.2009, if they have the required attendance. It was further clarified that the results of the examination so far as it relates to the petitioners need not be published unless otherwise ordered by this Court. 3. It is pointed out by the learned counsel for the petitioners that the first petitioner has already passed the 3rd year BDS Examination and the result is yet to be published, in the light of the interim order passed by this Court. 6 W.P.(C) No.23183/10 2 4. Heard the learned Standing Counsel for the University. It is submitted by the learned Standing Counsel for the University that the results will be declared, if ordered by this Court. 5. Therefore, there will be a direction to the respondents to declare the results of Part I BDS Examination of the first petitioner as per the Rules without delay. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn