IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 10994 of 2011(Y) PETITIONERS: 1. NJAS NOORUDHEEN V.P., 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 2. WASIM ABDULLA, 11ND YEAR STUDENT CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 3. NIVED AMBADI, 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 4. MUHAMMED BASHEER, K.K., 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 5. KISHORE RAVEENDRAN, MALIYEKKAL, 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 6. ARSHIDA UMMER, 11ND YEAR STUDENT,CENTURY DENTAL COLLEGE,POINACHI, KASARGODE. 7. MAHESWARI J.,11ND YEAR STUDENT, CENTURY DENTAL COLLEGE,POINACHI, KASARGODE. 8. JESTY JAMES, 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARAGODE. 9. ANGEL MERY CHERIAN, 11ND YER STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARAGODE. 10. ASHITA ELIZABETH ABBY, 11ND YEAR STUDENT CENTURY DENTAL COLLEGE, POINACHI,KASARGODE. 11. GANA R., 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 12. GREESHMA ALEX, 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 13. ANU S.RAJ., 11ND YEAR STUDENT,CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. W.P.(C) No. 10994/2011 : 2: 14. SHAMNA M.A.11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 15. SHARIN P.P.,11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 16. SAJNA M.P. 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 17. VIMAL DAMODARAN, 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI,KASARGODE. 18. MANU K.V., 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 19. KANNAN.E., 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 20. LIYA ANNA JOY, 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI,KASARGODE. 21. SALMA SITHARA M.P., 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. 22. AKHILA T., 11ND YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE. BY ADV. SRI.A.K.SRINIVASAN SRI.VINODKUMAR SRI.JIMMY GEORGE SRI.A.S.BENOY RESPONDENTS: 1. KANNUR UNIVERSITY REP.BY REGISTRAR, KANNUR UNIVERSITY CAMPUS, MANGAD, KANNUR 670 001. 2. THE PRINCIPAL, CENTURY DENTAL COLLEGE, POINACHI, KASARGODE 671 121. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR 670 001. R1 AND R3 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 10994/2011 : 3: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.25412/2010 DATED 12.08.2010. EXT.P2: TRUE COPY OF THE CHALLAN EVIDENCING THE PAYMENT OF EXAMINATION FEE DATED 03.03.2011. RESPONDENTS' EXHIBIT: NIL //True Copy// P.A to Judge. P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).10994/2011 .............................................. Dated this the 16th day of June, 2011 JUDGMENT Petitioners herein who are the 2nd year BDS students have approached this Court in the second round of litigation seeking for a direction be given to respondents 1 to 3 to permit them to participate in the second year examinations and further to value their answer papers and publish the results. 2. Heard the learned Standing Counsel for the University as well. 3. Sequence of events as narrated in the writ petition shows that the petitioners had approached this Court earlier by filing W.P.(C).25412/2010 when they were denied entry to the 2nd year classes for having failed in the examinations of the 1st year, wherein interference was declined by this Court as per Ext.P1 judgment; however observing in paragraph 3 in the following terms. W.P.(C).10994/11 2 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. 4. This Court does not propose to go into the merits of the case, in so far as similar relief sought for even in the earlier litigation had already been rejected as per Ext.P1 judgment; except to the extent with regard to the condoning of the attendance in accordance with the rules and regulations. Since the above observation made by this Court is not under challenge, the writ petition is disposed of with liberty to the petitioner to move the University by filing a representation for extending the W.P.(C).10994/11 3 benefit in tune with Ext.P1 judgment passed already, on which event, the same shall be considered and appropriate orders shall be passed by the University as expeditiously as possible. P.R.RAMACHANDRA MENON, Judge mrcs