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. 11350 of 2011(P) ---------------------------------- PETITIONER(S): ------------------- 1. SHAHANA HUSSAIN, 11ND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 2. NIKITHA I.V., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 3. SHAHNAZ M.M.V., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 4. PRIYANKA M., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 5. JEENA N.K., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 6. HITHA T.V., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 7. BINI DAVID K., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 8. REJILA P.K., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 9. NEETHU N.P., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. svs ..........2/-... ...2... WPC. NO.11350/2011 10. SAFINA BEEVI C.P., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 11. JITHNA PRAKASH C.K., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. 12. SAYOOJ A.K., IIND YEAR STUDENT, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR. BY ADVS. SRI.A.K.SRINIVASAN SRI.VINODKUMAR SRI.JIMMY GEORGE SRI.A.S.BENOY RESPONDENT(S): -------------------- 1. KANNUR UNIVERSITY, REPRESENTED BY REGISTRAR, KANNUR UNIVERSITY CAMPUS, MANGAD, KANNUR-670567. 2. THE PRINCIPAL, KANNUR DENTAL COLLEGE, ANJARAKANDY, P.O.MAMBA, KANNUR-12. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR-670567. R1,3 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, ALONG WITH WPC. NO.11339/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J ....................... W.P.(C)s.11350 & 11339/2011 ....................... Dated this the 8th day of April, 2011 JUDGMENT Petitioners are students of BDS Course in the 2nd respondent/College. They commenced the Course during the academic year 2009-10 and participated in their 1st year examination which commenced on 3.11.2010. Normally, the results would have to be published within 45 days. It seems that there was undue delay on the part of the University in publishing the results which was done only in the month of January, 2011. In the meanwhile, petitioners started attending the 2nd years classes. It turns out that when the results of the 1st year examination were published, some petitioners failed in some papers and others in all the subjects. The regulations prohibit the students from prosecuting the 2nd year, if they fail in two or more subjects. They can carry over only one paper. These writ petitions have been filed seeking appropriate directions to the University and the College to permit the petitioners to attend the classes of the 2nd year BDS Degree Course till the publication of the results of the 1st year supplementary examination scheduled to be held shortly. W.P.(C)s.11350 &11339/11 2 2. Learned counsel for the University submits that since the regulations relating to the BDS Course permit the students of the 1st year to carry over only one subject and admittedly petitioners have failed in more than one subject, they cannot be permitted to prosecute their course in the 2nd year. Similar situation was considered by a Bench of this Court in W.A.1342/2007. Said judgment covers the issue against the petitioners. 3. It is true that there has been a delay on the part of the University in publishing the results. It is to be stressed that the University will have to publish the results in time; especially when the eligibility to prosecute the next level of any course is dependent on clearance of the subjects in the 1st year. Students cannot be found fault with, for having started attending the 2nd year classes with the hope that they would clear all the subjects in the 1st year. As a matter of fact, this situation could have been avoided had the results been published before the commencement of the 2nd year course. 4. However, since the regulations prohibit a student from W.P.(C)s.11350 &11339/11 3 carrying over more than one subject, this Court is not in a position to issue any direction to permit the petitioners to prosecute the 2nd year BDS course till they are able to clear the 1st year supplementary examination. But it is made clear that in the event of the petitioners clearing the papers in the 1st year supplementary examination, the interregnum during which they are now forced to keep away from the classes shall be considered and condoned, in accordance with the regulations, keeping the fact in mind that the University is also responsible for the undue delay in the publication of the results of the 1st year examination. 5. It is further made clear that the petitioners will not be permitted to attend the classes and that the only relief is the observation made in paragraph 4 of the judgment as mentioned above, if necessity comes with regard to the condonation of delay, for shortage of attendance. Both the writ petitions are disposed of accordingly. P.R.RAMACHANDRA MENON, Judge mrcs