IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 2542 of 2009 --------------------- AGAINST THE ORDER IN WPC.31219/2009 Dated 09/11/2009 .................... APPELLANT/IST RESPONDENT: --------------------------------- THE KANNUR UNIVERSITY,MANGATTUPARAMBA, KANNUR UNIVERSITY CAMPUS.PO,KANNUR,REPRESENTED BY ITS REGISTRAR. BY ADV. SRI.M.SASINDRAN RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3: ---------------------------------------------------------------- 1. FR.ANTONY PURAYIDAM,S/O.JOSEPH, AGED 59 YEARS,CHAIMAN,DEVAMATHA EDUCATIONAL TRUST & THE MANAGER,DEVAMATHA ARTS & SCIENCE COLLEGE, PAISAKKARY,KANNUR DISTRICT. 2. THE STATE OF KERALA-REPRESENTED BY ITS SECRETARY TO GOVERNMENT HIGHER EDUCATION(E)DEPT., SECRETARIAT,THIRUVANANTHAPURAM. 3. THE ELECTION COMMISSIONER OF INDIA, REPRESENTELD BY THE CHIEF ELECTORAL OFFICER, THIRUVANANTHAPURAM. R1 BY ADV. SRI.GEORGE MECHERIL. R2 BY SENIOR GOVT. PLEADER, SMT.K. MEERA. R3 BY SRI.MURALI PURUSHOTHAMAN, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, ALONG WITH WA NO. 2564 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.Nos. 2542 and 2564 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the interim order granted by the learned Single Judge, the Kannur University has approached this Court in the present appeal. 2. Though the University itself had recommended to start four and two new courses respectively in case of two institutions before the Court by the petitioners, while pending consideration by the Government, the students were declined permission to take the examination and as such they approached this Court in the impugned writ petitions with a prayer to accept the examination fees for the examination commencing on 18.11.2009 and permit them to take examination. 3. Considering the various aspects including the plight of the students and close date fixed for examination, the learned Single Judge by way of interim order permitted the students to appear for the examination purely on provisional WA No.2542 & 2564 of 2009 -:2:- basis which would be subject to the further orders to be passed in the Writ Petition. 4. In the interregnum period it is reported that, students have been permitted to attend the examination and as such at this stage the challenge of the University need not be gone into. It is made clear that, as observed by the learned Single Judge, merely because the Court has permitted the students to take the examination, that will not create any equity or right in them which is subject to the further orders to be passed in the Writ Petition. Further we make it clear that the interim order has been passed in the peculiar facts and circumstances of the case and should not be treated as a precedent. With the above observation, the Writ Appeals are dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku.