IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 34136 of 2007(L) ------------------------------------ PETITIONERS: ----------------------- 1. SHIMOJ M.V., AGED 19, M.V. HOUSE, ANNUR P.O., PAYYANNUR, KANNUR, PIN-670 332. 2. JOMY MATHEW, PARUTHIYIL HOUSE, KOTHANALLOOR P.O., KOTTAYAM. 3. FEBIN JOHN FRANCIS, AGED 20, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 4. DEEPAK JOSEPH, AGED 20, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 5. THOUFEEQ P.N., IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 6. ANAKHA P., IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 7. PRIYANKA PUSHKARAN, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 8. REMYA P.SOMAN, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 9. SHEENA SHAIBE, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 10. NIMNIMOL, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. WP(C).No. 34136 of 2007(L) 11. REMYA K., IIIRD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 12. PRATHIBHA SUBRAMANYAM, IIIRD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 13. SOUMYA SADANANDAN, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY,PUTHUPPALLY, KOTTAYAM. 14. MARY THOMAS, IIND YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADY, PUTHUPPALLY, KOTTAYAM. 15. MELVIN SHIBU EAPEN, PUSHPAGIRI COLLEGE OF PHARMACY, MEDICITY P.O., PERUMTHURUTHY, THIRUVALLA, PATHANAMTHITTA. 16. TIJO THOMAS, AGED 20, PUSHPAGIRI COLLEGE OF PHARMACY, MEDICITY P.O., PERUMTHURUTHY, THIRUVALLA, PATHANAMTHITTA. 17. TONI THOMAS, AGED 21, IIIRD YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 18. BIBIN K.MANI, AGED 21, IIIRD YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 19. HASHIM M., AGED 21, IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 20. AMSHAVANI R., AGED 20, IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 21. NEETHU N.K., AGED 20, IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 22. JASEELA ABBAS, IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 23. AKHILA P.P., IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 24. RESHMA K., IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. WP(C).No. 34136 of 2007(L) 25. NIMISHA C.M., IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. 26. SHOBA D., IIND YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICAL SCIENCES, CHERUVANDOOR, ETTUMANOOR P.O.,KOTTAYAM. * 27. ASHA K., IIIRD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPADY, PUTHUPPALLY, KOTTAYAM. 28. RAHUL RADHAKRISHNAN, IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 29. SHAN K.S., IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 30. VISHNU SULEKHAN, IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 31. ANOOP S., IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 32. CYRENA ANNA THOMAS, IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 33. ARUIN LAL P.B., IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 34. TEDDY TOM MATHEW, IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 35. RAJESH KUMAR P.R., IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 36. ANEES A., IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 37. JAIN MARY THOMAS, IIND YEAR B.PHARM, NAZARETH COLLEGE OF PHARMACY, OTHERA. 38. MAHESH P.JOSE, IIIRD YEAR B.PHARM, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA. 39. ARUN KUMAR K., IIIRD YEAR B.PHARM, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA. WP(C).No. 34136 of 2007(L) BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.T.V.SREEJA SMT.M.KABANI DINESH ( * THE ADDRESS OF THE 27TH PETITIONER IS CORRECTED AS PER ORDER IN I.A. NO.2261/2008 DATED 14/02/2008. “ASHA K., 111 YEAR B.PHARM, DEPARTMENT OF PHARMACEUTICALS SCIENCE, CHERUVANDOOR, ETTUMANOOR, KOTTAYAM. ) RESPONDENTS : ----------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA,KOTTAYAM. 3. PRINCIPAL, REGIONAL INSTITUTE OF MEDICAL SCIENCE AND RESEARCH, THALAPPADY, PUTHUPPALY. 4. PRINCIPAL, PUSHPAGIRI COLLEGE OF PHARMACY & SCIENCE, THIRUVALLA, PATHANAMTHITTA. 5. PRINCIPAL, DEPARTMENT OF PHARMACEUTICAL SCIENCE, CHERUVANDOOR, ETTUMANOOR. 6. PRINCIPAL, NAZRETH COLLEGE OF PHARMACY, OTHARA, PATHANAMTHITTA. 7. PRINCIPAL, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R.1,2 SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE FOR R.6 SRI.TONY GEORGE KANNANTHANAM FOR R.6 SRI.JIJI THOMAS FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009 ALONG WITH WPC NO. 3288 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34136 of 2007(L) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: PHOTO COPY OF THE HALL TICKET OF THE 1ST PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(a) : PHOTO COPY OF THE HALL TICKET OF THE 4 th T PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(b): PHOTO COPY OF THE HALL TICKET OF THE 5TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(c): PHOTO COPY OF THE HALL TICKET OF THE 6TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(d): PHOTO COPY OF THE HALL TICKET OF THE 7TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(e): PHOTO COPY OF THE HALL TICKET OF THE 8TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(f): PHOTO COPY OF THE HALL TICKET OF THE 10TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(g): PHOTO COPY OF THE HALL TICKET OF THE 12TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(h): PHOTO COPY OF THE HALL TICKET OF THE13TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(i): PHOTO COPY OF THE HALL TICKET OF THE 14TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(j): PHOTO COPY OF THE HALL TICKET OF THE 15TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(k): PHOTO COPY OF THE HALL TICKET OF THE 20TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(l): PHOTO COPY OF THE HALL TICKET OF THE 21 st PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(m): PHOTO COPY OF THE HALL TICKET OF THE 23 rd PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(n): PHOTO COPY OF THE HALL TICKET OF THE 24TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(o): PHOTO COPY OF THE HALL TICKET OF THE 25TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(p): PHOTO COPY OF THE HALL TICKET OF THE 26TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(q): PHOTO COPY OF THE HALL TICKET OF THE 28TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. WP(C).No. 34136 of 2007(L) EXHIBIT P1(r): PHOTO COPY OF THE HALL TICKET OF THE 29TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(s): PHOTO COPY OF THE HALL TICKET OF THE 30TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(t): PHOTO COPY OF THE HALL TICKET OF THE 31 st PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(u): PHOTO COPY OF THE HALL TICKET OF THE 32 nd PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(v): PHOTO COPY OF THE HALL TICKET OF THE 33rd PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(w): PHOTO COPY OF THE HALL TICKET OF THE 34TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(x): PHOTO COPY OF THE HALL TICKET OF THE 35TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(y): PHOTO COPY OF THE HALL TICKET OF THE 36TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(Z): PHOTO COPY OF THE HALL TICKET OF THE 37TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(aa): PHOTO COPY OF THE HALL TICKET OF THE 38TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P1(ab): PHOTO COPY OF THE HALL TICKET OF THE 39TH PETITIONER FOR THE 1ST YEAR SUPPLEMENTARY EXAMINATION. EXHIBIT P2: PHOTO COPY OF THE RECEIPT FOR EXAM FEE REMITTED BY THE 3RD PETITIONER. EXHIBIT P2 (a): PHOTO COPY OF THE RECEIPT FOR EXAM FEE REMITTED BY THE 4TH PETITIONER. EXHIBIT P2 (b): PHOTO COPY OF THE RECEIPT FOR EXAM FEE REMITTED BY THE 5TH PETITIONER. EXHIBIT P2 (c): PHOTO COPY OF THE RECEIPT FOR EXAM FEE REMITTED BY THE 9TH PETITIONER. EXHIBIT P3: PHOTOCOPY OF THE RECEIPT FOR EXAMINATION FEE OF THE 45 STUDENTS UNDER THE RESPONDENT NO.5. EXHIBIT P4: PHOTO COPY OF THE NOMINAL ROLL (LIST) OF CANDIDATES OF IVTH YEAR B.PHARM EXAMINATION NOVEMBER, 2007 OF SME RC, PUTHUPPALLY. EXHIBIT P5: PHOTO COPY OF THE ORDER NO.5782/3/2004/SF.III DATED 11/1/2006 OF THE 1ST RESPONDENT. EXHIBIT P6: PHOTO COPY OF THE ORDER NO. AC. A. III/3/407 DATED 22/1/2007 ISSUED BY THE UNIVERSITY OF KERALA. WP(C).No. 34136 of 2007(L) EXHIBIT P7: PHOTOCOPY OF THE RECEIPT DATED 24/10/2007 EVIDENCING THE PAYMENT OF EXAMINATION FEE FOR THE 3RD YEAR B. PHARM. EXHIBIT P8: PHOTO COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF FEE FOR THE 7TH SEMESTER UNDER THE 5TH RESPONDENT. EXHIBIT P9: PHOTOCOPY OF THE ORDER DATED 4/02/2008 IN WPC NO.4048/2008. EXHIBIT P9: PHOTO COPY OF THE RECEIPT REGARDING PAYMENT OF REVALUATION FEE OF THE 250 BY THE 3RD PETITIONER. EXHIBIT P10: PHOTOCOPY OF THE REPRESENTATION DATED 21/5/2008 SUBMITTED BY THE PETITIONERS 17 TO 20 BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE scm ANTONY DOMINIC, J. --------------------------- W.P.(C) Nos. 34136 of 2007,6143 ,3288,4048, 2356 of 2008 --------------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT In these writ petitions, the petitioners' complaint is that in view of regulation as amended by the University vide order dated 11/01/2006, they were entitled to attend the classes, but however the University did not permit them do so. It was accordingly that, these writ petitions have been filed. 2. The petitioners contend that although, they had registered for University examinations, for the reason that they did not pass in the previous examinations, the University prevented them from attending the classes. 3. In these cases, this Court passed interim orders enabling their continuance of studies and accordingly the petitioners have attended their classes. It is stated that since their continuance in the course was based on the interim orders of this Court, final results have not been declared not so far. 4. Going by the regulations framed by the respondent University, if students have registered for the examinations, they W.P.(C) No. 34136/2007 and connected cases 2 were eligible to continue their studies. The contention of the University is that they are ineligible for such registration for the reason that the petitioners had not passed the previous examinations. Therefore, what requires to be verified is whether the students, in fact, had registered for the examination as contended by them. In view of the factual dispute, I leave it to the University to examine respective contentions raised in these writ petitions and if the University finds that the petitioners were registered, their continuance in the course will be treated as regular and their results will be published. With these directions, these writ petitions are disposed of . ANTONY DOMINIC, JUDGE scm