IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 28121 of 2010(M) ----------------------------------------- PETITIONER(S): ----------------------- 1. SUJITH K.T., AGED 21 YEARS, S/O.SUKUMARAN, 3RD YEAR B.PHARM STUDENT, REGIONAL INSTITUTE OF MEDICAL SCIENCES & RESEARCH (SCHOOL OF MEDICAL SCIENCES), MAHATMA GANDHI UNIVERSITY,PUTHUPPALLY, KOTTAYAM DISTRICT. 2. SAJU. K, 3RD YEAR B.PHARM STUDENT, REGIONAL INSTITUTE OF MEDICAL SCIENCES & RESEARCH (SCHOOL OF MEDICAL SCIENCES), MAHATMA GANDHI UNIVERSITY, PUTHUPPALLY, 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 SCIENCES & RESEARCH (SCHOOL OF MEDICAL SCIENCES) PUTHUPPALLY, KOTTAYAM-9. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.28121 of 2010 (M) --------------------------------- Dated, this the 17th day of September, 2010 J U D G M E N T Petitioners are B.Pharm students. By Exts.P1 & P2 proceedings of the respondent University, they were debarred from the University examinations till April, 2010. It is stated that supplementary examinations are to commence from 23/09/2010. Although the petitioners submitted their applications along with prescribed examination fees, that were refused to be accepted by the 3rd respondent, on the ground that they did not appear for the regular examinations, and that therefore, they cannot appear for the supplementary examinations. It is in this circumstances, this writ petition has been filed. 2. It is now pointed out by the petitioners that this very issue has been decided by this Court in the judgment in WP(C) No.13445/2010 dated 31/05/2010, where a student similarly situated, was permitted to appear for supplementary examinations. This is confirmed by the learned Standing Counsel for the University WP(C) No.28121/2010 -2- also. 3. Therefore, following the aforesaid judgment, this writ petition is also disposed of directing that it will be open to the petitioners to submit their applications for supplementary examinations along with prescribed fees, to the 3rd respondent, in which event, needful shall be done by the respondent University for issuance of hall tickets enabling the petitioners to appear for the supplementary examinations. The petitioners shall produce a copy of this judgment before respondents 2 & 3 for compliance. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg //TRUE COPY// PA TO JUDGE.