IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11444 of 2011(E) -------------------------- PETITIONER(S): --------------- NIJIL.K, S/O.ALYAMA TEACHER AGED 21 YEARS, 2ND YEAR B.D.S STUDENT CENTURY DENTAL COLLEGE, POINACHI, KASARAGOD DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): --------------- 1. THE REGISTRAR, KANNUR UNIVERSITY KANNUR UNIVERSITY CAMPUS PO, KANNUR PIN 670 567. 2. THE CONTROLLER OF EXAMINATIONS KANNUR UNIVERSITY CAMPUS PO, KANNUR PIN 670 567. 3. THE PRINCIPAL CENTURY DENTAL COLLEGE, POINACHI KASARAGOD DISTRICT, PIN 671 001. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1,3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................... W.P.(C).11444/2011 ....................... Dated this the 8th day of April, 2011 JUDGMENT The petitioner has approached this Court with the following reliefs. (i). To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to accept the examination fee and to permit the petitioner to appear for the 3rd year BDS examination scheduled to commence on 20.4.2011 or on any subsequent date. (ii). To declare that going by the modified scheme of BDS course as well as the circulars issued by Kannur University, the petitioner is entitled to appear for the ensuing 3rd year BDS examination as well as entitled to attend classes along with the regular 3rd year students. 2. Learned counsel for the petitioner submits that even though the petitioner could not clear out two papers of the 2nd year BDS W.P.(C).11444/11 2 Examination, he turned to be successful in the Supplementary Examination and is eligible to participate in the 3rd year Examination scheduled to be conducted from 20th April, 2011 onwards. The grievance of the petitioner is that the respondents are not accepting the fee payable for participating the 3rd year Examination which made him to approach this Court for appropriate reliefs. 3. The learned Standing counsel appearing for the University submits, with reference to the statement filed, that the idea and understanding as to the rights and eligibility of the petitioner is wrong and misconceived. It is stated that, by virtue of the relevant regulations, it is not open to a candidate who has failed in more than one subject, to attend the classes for the next year or to participate in the examinations scheduled. The question of law in this regard has already been made clear by a Division Bench of this Court as per the judgment dated 11.6.2007 in W.A.1342/2007 a copy of which has been produced and marked as Ext.R1(b) along W.P.(C).11444/11 3 with the statement as aforesaid. Going by the contents of the said verdict, the regulations were analyzed especially with regard to the quality of the course (MBBS) that is to be maintained and it was highlighted much. In the instant case, the Course is rather similar, as it is in respect of 'BDS' and the same yardsticks have to be applied in the present case as well. In view of the law declared by the Division Bench, this Court finds that no relief as prayed for can be granted in the present writ petition. In the said circumstances, interference is declined and the writ petition is dismissed. However, the University shall consider the case of the petitioner, as to whether the petitioner is eligible to have the similar treatment as made clear by this Court in the judgment dated 12.8.2010 in W.P.(C). 25412/2010. P.R.RAMACHANDRA MENON, Judge mrcs