IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25412 of 2010(B) -------------------------- PETITIONER(S): --------------- 1. NJAS NOORUDHEEN.V.P, 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI,KASARAGOD. 2. WASIM ABDULLA,DO. DO. 3. NIVED AMBADI,DO. DO. 4. MUHAMMED BASHEER.K.K,DO. DO. 5. KISHORE RAVEENDRAN,MALIYEKKAL,DO. DO. 6. ARSHIDA UMMER,DO. DO. 7. MAHESWARI.J,DO. DO. 8. JESTY JAMES,DO. DO. 9. ANGEL MERCY CHERIAN,DO. DO. 10. ASHITA ELIZABETH ABBY,DO. DO. 11. GANA.R,DO. DO. 12. GREESHMA ALEX,DO. DO. 13. ANU.S.RAJ,DO. DO. 14. SHAMNA.M.A,DO. DO. 15. SHARIN.P.P,DO. DO. 16. SAJNA.M.P,DO. DO. 17. VIMAL DAMODARAN,DO. DO. 18. MANU.K.V,DO. DO. 19. KANNAN.E,DO. DO. 20. LIYA ANNA JOY,DO. DO. 21. SALMA SITHARA M.P,DO. DO. 22. AKHILA.T,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,KASARAGODE. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY,KANNUR. ADV.M.SASINDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 25412 of 2010 ================== Dated this the 12th day of August, 2010 J U D G M E N T The petitioners are students of BDS course of the 2nd respondent college, affiliated to the 1st respondent-University. They did not pass first year in all subjects. But, on account of delay in publication of the results for the first year examination, they were permitted to attend the second year classes for two months, till the results were published. When the results were published, since the petitioners had not cleared all subjects of the first year, they were asked to discontinue attending second year classes. The petitioners want to continue attending second year classes so that, if they pass the supplementary examination for the 1st year, they can continue the second year studies. The petitioners, therefore, seek the following reliefs; “(a) issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to permit the petitioners to continue to attend the 2dn year BDS degree course which they were attending till the publication of the result of the 1st year supplementary BDS examination to be held shortly by the 1st respondent. (b) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 1st, 2nd and 3rd respondents to permit the petitioners who come out successfully in the 1st year supplementary BDS examination to appear in the 2nd year BDS examination.” 2. According to the petitioners, by Ext.P3 judgment in W.P. (C).No.21458/2009, although similar reliefs have been declined, in w.p.c.25412/10 2 that judgment there was an observation in their favour. The petitioners seek the same observation. 3. Having heard the learned standing counsel appearing for the University also, while dismissing the writ petition, as in the said judgment, I make it clear that in the event of the petitioners clearing the papers in the first year supplementary examination, the interregnum, during which they were forced to keep away from the classes, shall be considered for condonation in accordance with the regulations keeping in mind the fact that the University is also responsible for the undue delay in publication of the results of the first year examination. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge