IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 21458 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. ROSHINY KRISHNAN.V,IIND YEAR STUDENT, CENTURY DENTAL COLLEGE,POINACHI,KASARAGOD. 2. HIBA AHAMED, -DO- -DO- 3. AMAL MOHAMED YAQOOB, -DO- -DO- 4. NAJILA.C.H, -DO- -DO- 5. NARISH RASHEED, -DO- -DO- 6. SABITHA.P, -DO- -DO- 7. RUPESH.A.R,-DO- -DO- 8. JAMSHEED.C.K, -DO- -DO- 9. THOUFEEQUE ALI AHAMMED.N.M, -DO- -DO- 10. NIJIL.K, -DO- -DO- 11. MALINI.A.B, -DO- -DO- 12. HAFSWATH, -DO- -DO- 13. MISHIYAS.K, -DO- -DO- BY ADV. SRI.A.K.SRINIVASAN SRI.VINODKUMAR SRI.JIMMY GEORGE SRI.A.S.BENOY RESPONDENT(S): --------------- 1. KANNUR UNIVERSITY,REP BY REGISTRAR, KANNUR UNIVERSITY CAMPUS, MANGAD, KANNUR. 2. THE PRINCIPAL, CENTURY, DENTAL COLLEGE, POINACHI, KASARGODE WP(C).No. 21458 of 2009 -2- 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).21458/2009 ....................... Dated this the 6th day of August, 2009 JUDGMENT Petitioners are students of BDS Course in the 2nd respondent/College. They commenced the Course during the academic year 2007-08 and gave their 1st year examination in October-November, 2008. Normally, the results would have to be published within 45 days. It seems that there was undue delay on the part of the University in publishing the results which was done only in the month of April 2009. In the meanwhile, petitioners started attending the 2nd years classes. It turns out that when the results of the 1st year examination were published, they failed in two papers. The regulations prohibit the students from prosecuting the 2nd year, if they fail in two or more subjects. They can carry over only one paper. This writ petition has been filed seeking appropriate directions to the University and the College to permit the petitioners to attend the classes of the 2nd year BDS Degree course till the publication of the results of the 1st year supplementary examination that is scheduled to be held shortly. W.P.(C).21458/09 2 2. Learned counsel for the University submits that since the regulations relating to the BDS Course permit the students of the 1st year to carry over only one subject and admittedly petitioners have failed in more than one subject, they cannot be permitted to prosecute their course in the 2nd year. Similar situation was considered by a Bench of this Court in Writ Appeal No.1342/2007. Said judgment covers the issue against the petitioners. 3. It is true that there has been a delay on the part of the University in publishing the results. It is to be stressed that the University will have to publish the results in time especially when the eligibility to prosecute the next level of any course is dependant on clearance of the subjects in the 1st year. Students cannot be faulted for having started attending the 2nd year classes with the hope that they would clear all the subjects in the 1st year. As a matter of fact, this situation could have been avoided had the results been published before the commencement of the 2nd year course. W.P.(C).21458/09 3 4. But since the regulations prohibit a student from carrying over more than one subject, I do not find my way to issue any direction to permit the petitioners to prosecute the 2nd year BDS course till they are able to attend the 1st year supplementary examination and clear the papers. Writ petition is dismissed. But I make it clear that in the event of the petitioners clearing the papers in the 1st year supplementary examination, then the interregnum during which they are now forced to keep away from the classes shall be considered and condoned, in accordance with the regulations, keeping in mind the fact that the University is also responsible for the undue delay in the publication of the results of the 1st year examination. V.GIRI, Judge mrcs