IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 21750 of 2009(K) ---------------------------------------- PETITIONER(S): ----------------------- 1. SIKANDHAR SALMAN.P.A, BDS STUDENT, CENTUTRY INTERNATIONAL INSTITUTE OF DENTAL SCIENCE AND RESEARCH CENTRE, POINACHI, KASARAGOD DISTRICT. 2. ANWARSHA N. --DO--- --DO--. 3. KIRAN N.K., --DO--- --DO--. 4. BIJOY P.N., --DO--- --DO--. 5. PANDAPPADAN NABEEL, --DO--- --DO--. 6. SANTHOSH P.B., --DO--- --DO--. 7. SHABEER UMMER T.K., --DO--- --DO--. 8. SHABEER V., --DO--- --DO--. 9. SHEJI SHAWKATH, --DO--- --DO--. 10. AKSHAYA UNNI ALEX, --DO--- --DO--. 11. ASWATHI R.B., --DO--- --DO--. 12. DIJISHA DEVIDAS, --DO--- --DO--. sts WP(C)NO.21750/2009 13. FASNA K.T., --DO--- --DO--. 14. IBTHISAM, --DO--- --DO--. 15. LIKITHA P NAIR, --DO--- --DO--. 16. LINTU MOL, --DO--- --DO--. 17. LISEENA, --DO--- --DO--. 18. NAFEESA ABDUL KAREEM, --DO--- --DO--. 19. NAURIN M ASSAIN, --DO--- --DO--. 20. NICY ANNIE VARGHESE, --DO--- --DO--. 21. RANI BHARGAVAN, --DO--- --DO--. 22. RITA BOSE, --DO--- --DO--. 23. T.SANGEETHA CHANDRASEKHAR, --DO--- --DO--. 24. SHAMEEMA S., --DO--- --DO--. 25. SHERZEENA MAJEED, --DO--- --DO--. 26. SHIMI VISWANATHAN, --DO--- --DO--. 27. THABASSUM PARACKAL, --DO--- --DO--. 28. ARIFA K.K., --DO--- --DO--. BY ADV. SRI.A.MOHAMED MUSTAQUE sts WP(C)NO.21750/2009 RESPONDENT(S): --------------------------- 1. THE VICE-CHANCELLOR, KANNUR UNIVERSITY, UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR DISTRICT 2. THE REGISTRAR, KANNUR UNIVERSITY, KANNUR. 3. THE CONTROLLER OF EXAMINTIONS, KANNUR UNIVERSITY, UNIVERSITY CAMPUS, KANNUR. 4. THE PRINCIPAL, CENTURY DENTAL COLLEGE, POINACHI, KASARAGOD DISTRICT. *ADDL.R5 IS IMPLEADED *ADDL.R5: THE DENTAL COUNCIL OF INDIA ,AIWAN-E-GALIB MARG, KOTLA ROAD, TEMPLE LANE, NEW DELHI-140 001, INDIA. *IS IMPLEADED AS PER ORDER DATED 15/09/09 IN I.A.NO.11337/09. R1 TOR3 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY ADDL.R5 BY ADV. SRI.SAJEEV KUMAR K.GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21750/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MARK SHEET OF 1ST PETITIONER DATED 22/6/09. P2 COPY OF THE MARK SHEET OF 2ND PETITIONER -DO- -DO- P3 COPY OF THE MARK SHEET OF 3RD PETITIONER -DO- -DO- P4 COPY OF THE MARK SHEET OF 4TH PETITIONER -DO- -DO- P5 COPY OF THE MARK SHEET OF 5TH PETITIONER. P6 COPY OF THE MARK SHEET OF 6TH PETITIONER. P7 COPY OF THE MARK SHEET OF 7TH PETITIONER. P8 COPY OF THE MARK SHEET OF 8TH PETITIONER. P9 COPY OF THE MARK SHEET OF 9TH PETITIONER. P10 COPY OF THE MARK SHEET OF 10TH PETITIONER. P11 COPY OF THE MARK SHEET OF 11TH PETITIONER. P12 COPY OF THE MARK SHEET OF 12TH PETITIONER. P13 COPY OF THE MARK SHEET OF 13TH PETITIONER. P14 COPY OF THE MARK SHEET OF 14TH PETITIONER. P15 COPY OF THE MARK SHEET OF 15TH PETITIONER. P16 COPY OF THE MARK SHEET OF 16TH PETITIONER. P17 COPY OF THE MARK SHEET OF 17TH PETITIONER. P18 COPY OF THE MARK SHEET OF 18TH PETITIONER. P19 COPY OF THE MARK SHEET OF 19TH PETITIONER. P20 COPY OF THE MARK SHEET OF 20TH PETITIONER. P21 COPY OF THE MARK SHEET OF 21ST PETITIONER. P22 COPY OF THE MARK SHEET OF 22ND PETITIONER. P23 COPY OF THE MARK SHEET OF 23RD PETITIONER. P24 COPY OF THE MARK SHEET OF 24TH PETITIONER. P25 COPY OF THE MARK SHEET OF 25TH PETITIONER. WP(C)NO.21750/2009 P26 COPY OF THE MARK SHEET OF 26TH PETITIONER. P27 COPY OF THE MARK SHEET OF 27TH PETITIONER. P28 COPY OF THE MARK SHEET OF 28TH PETITIONER. P29 COPY OF THE DENTAL COUNCIL OF INDIA REGULATIONS DATED 25/7/07. P30 COPY OF THE MEMORANDUM OF REPRESENTATION SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENTS DATED 27/7/09. P31 COPY OF THE REQUEST MADE BY PETITIONERS BEFORE THE 1ST RESPONDENT DATED 26/6/07. P32 COPY OF THE ORDER DATED 11/12/09 OF THIS HON'BLE COURT IN WP(C) NO.25989/09. P33 COPY OF THE MARK LIST OF 1ST PETITIONER. P34 COPY OF THE MARK LIST OF 3RD PETITIONER. P35 COPY OF THE MARK LIST OF 2ND PETITIONER. P36 COPY OF THE MARK LIST OF 6TH PETITIONER. P37 COPY OF THE LIST OF CANDIDATES. P38 COPY OF THE JUDGMENT IN WP(C)NO.24764/2010 DATED 4/2/2011 PASSED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE REGULATION FOR B.D.S. COURSE. R2(B) COPY OF THE JUDGMENT IN W.A.NO.1342 OF 2007. R2(C) COPY OF THE JUDGMENT IN W.A.NO.133 OF 2008. /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.21750 OF 2009(K) -------------------------------------------------- Dated this the 15th day of March, 2011 J U D G M E N T Among the petitioners, only petitioners 1 to 3 and 6 have surviving grievance to be considered now. 2. The issue raised in the writ petition is whether the results of the Part I final year examination undertaken by the aforesaid petitioners pursuant to the interim order dated 14.12.2009 is liable to be published . 3. The stand taken by the University is that in terms of the regulations of the University only those students who have successfully completed the 3rd year examination could have undertaken the Part-I final year examination. According to the University it was only subsequent to the petitioners appearing in the 4th year examination that they appeared and passed the 3rd year examination. Therefore the stand taken by the University is that the petitioners will have to re-do their Part-I final year examination. 4. Going by the regulations of the University, though the stand taken by the University cannot be said to be illegal, as at WPC.No. 21750/09 :2 : present, the fact remains that the petitioners have already passed 3rd year examination and have appeared for the Part-I final year examination as well. It is the specific case of the petitioners that in several similar cases, the rigor of the regulation has been relaxed by the University and therefore in their case also the University should publish their results as otherwise the petitioners will be loosing one year of their career. 5. In my view, this is essentially a matter which should be considered by the first respondent, who has the discretionary power in this behalf. Therefore, I dispose of the writ petition leaving it open to the petitioners 1 to 3 and 6 to make an appropriate application before the first respondent for publishing the results of Part-I final year examination undertaken by them pursuant to the interim order dated 14.12.2009. It is ordered that in case the petitioners make an application as above, the Vice Chancellor shall consider their request in the light of the facts as pointed out by them and with the sympathy that the case deserves. Orders shall be passed at any rate within 4 weeks from the date of filing of the representation. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 21750/09 :3 :