IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 27128 of 2010(M) -------------------------------------- PETITIONER(S): ------------------------ 1. KANNAN.M,S/O.MURUGADAS,AGED 21 YEARS, SILENT VALLEY ESTATE, IST DIVISION, MUNNAR. 2. ANJANA KUMARI.K.G, 8TH SEMESTER B.PHARM STUDENT, REGIONAL INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, PUTHUPPALLY, PUTHUPPALLY PO, KOTTAYAM DISTRICT. 3. JIJI JOHN, 8TH SEMESTER B.PHARM STUDENT, REGIONAL INSTITUTE OF MEDICAL SCIENCE AND RESEARCH PUTHUPPALLY,PUTHUPPALLY PO, KOTTAYAM DISTRICT. 4. SALINI.K.J, 8TH SEMESTER B.PHARM STUDENT, REGIONAL INSTITUTE OF MEDICAL SCIENCE AND RESEARCH PUTHUPPALLY, PUTHUPPALLY PO, KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ------------------------- 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT PIN 686 560. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT PIN 686 560. 3. THE PRINCIPAL,REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH,PUTHUPPALLY,KOTTAYAM-9. R1 & R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KL. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 27128 of 2010 M ``````````````````````````````````````````````````````` Dated this the 2nd day of September, 2010 J U D G M E N T The petitioners are 8th semester students of B.Pharm Course in the Regional Institute of Medical Sciences and Research, Puthuppally. According to the petitioners, their third year examination will be commencing on 03-09-2010 and that on the allegation that they have not successfully completed the first year examinations, they are not permitted to remit the fee or appear for the examination. 2. It is stated that on declaration of the results of the first year examination, they had failed in certain subjects and, therefore, they had appeared in the supplementary examination. It is stated that the University has not declared the results so far and that despite the default on the part of the University, they are not allowed to appear for the third year examination, which is to start from 03-09-2010. 3. Ext.P9 is the regulations governing the eligibility of the students to appear in the University examination. Ext.P9 provides that a student will be permitted to attend the third year class only WPC.27128/2010 : 2 : after passing the first year papers completely. Admittedly, the petitioners have not passed the first year papers completely. If that be so, they are ineligible to attend the classes or for appearing the third year examination. The fact that the petitioners have appeared in the supplementary examination and that the results are awaited will not alter the situation in any manner. Although the counsel for the petitioners referred me to Ext.P5 interim order passed by a Division Bench of this Court, it is seen that subsequently, the very same Division Bench dismissed W.A.No.1244/2010 by judgment dated 21-07-2010, wherein a similar request made by a candidate awaiting revaluation result was rejected. In that view of the matter, the writ petition is only to be dismissed and I do so. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge