IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 24978 of 2010(V) -------------------------- PETITIONERS: --------------- 1. ASWATHI R.B., FINAL YEAR BDS STUDENT, CENTURY DENTAL COLLEGE, POINACHI, KASARAGOD - 671 541. 2. AKSHAYA UNNI ALEX, FINAL YEAR BDS STUDENT. 3. ARIFA K.K., -DO- -DO- 4. BIJOY P.N., -DO- -DO- 5. NIZAR.S., -DO- -DO- BY ADV. SRI.A.MOHAMED MUSTAQUE SMT.LAKSHMI RAJAN RESPONDENTS: --------------- 1. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, UNIVERSITY CAMPUS PO., MANGATTUPARAMBA, KANNUR - 670 567, 2. THE REGISTRAR, KANNUR UNIVERSITY, UNIVERSITY CAMPUS PO., MANGATTUPARAMBA, KANNUR - 670 567, 3. PRINCIPAL, CENTURY DENTAL COLLEGE, POINACHI, KASARAGOD - 671 541. R1 AND R2 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 24978 OF 2010 ......................................................................... Dated this the 18th March, 2011 J U D G M E N T The petitioner has approached this court with the following prayers: “i) declare that petitioners are eligible to appear for Part II BDS final year examination ii) issue a writ of mandamus or such other Writ directing respondents 1 and 2 to permit petitioners to appear for Part II final year BDS Examination iii) grant such other reliefs as this Hon'ble court may deem fit and proper as on the facts and circumstances of the case.” 2. The prayers are vehemently opposed by the learned Standing Counsel for the University stating that the students cannot claim the benefit as a matter of right in so far as the rules and regulations of the University clearly stipulate that they can appear for final year examination only after clearing Part I Examination of the BDS. W.P.(C) No. 24978 OF 2010 2 3. The learned Counsel for the petitioner placed before this Court a copy of the judgment in W.P.(C) No. 24764 of 2010 whereby this Court had occasion to consider the grievance of a similarly situated person who is stated as none other than a batch-mate of the petitioner herein. ParagraphNo.7 of the judgment reads as follows: “7. However, fact remains that during the pendency of the writ petition, first petitioner in the W.P(C)23397/10 and the petitioner in the W.P.(C) 24764/10 have passed Part I Examination. Therefore, in the circumstances of this case, I am inclined to think that as far as their requests are concerned, the results withheld should be published. As far as rest of the petitioners are concerned, since even as of now, they have not completed Part I examination in full, University cannot be directed to publish their results of Part II Final Examination, which is rightly withheld by the University. Therefore, I direct that University shall publish the result of Part II Final Year BDS examination of first petitioner in W.P.(C) 23397/10 and the petitioner in W.P(C) 24764/10” 4. In the said circumstances, this Court does not express W.P.(C) No. 24978 OF 2010 3 anything with regard to the merits of the case, but finds that no deviation needs to be made with regard to the course already taken by another learned Judge of this Court while passing the final verdict in W.P.(C )No.24764 of 2010. This is more so, since the benefit extended to the person is the class mate of the petitioner and that students of the very same class/course are not liable to be discriminated in any manner. Accordingly, the benefits flowing from the aforesaid judgment in W.P.(C)No.24764 of 2010 are ordered to be extended to the petitioners as well. The result of the Part II Final Year BDS Examination, which was withheld by the University shall be published, forthwith. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk