IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 1276 of 2011(H) ------------------------- PETITIONER(S): --------------- 1. VIJAI ANTONY MANNANAL, TC.3/2517(1), T.K.D. ROAD, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 4. 2. SREERAJ M.S., MAMPATTA SREE BHARAN, OTHERA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. 3. CYRENA ANNA THOMAS, NELLIMOOTTIL HOUSE, MUTTAMBALAM P.O., KOTTAYAM DISTRICT. 4. JOBIN THANKACHAN ROSE VILLA, PUNNAKUNNAM P.O., PULINCUNNU, ALAPPUZHA DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU (MANJINIKARA) RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT, PIN-686560. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT, PIN-686560. 3. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT, PIN-686 560. 4. THE PRINCIPAL, PUSHPAGIRI COLLEGE OF PHARMACY, MEDI CITY CAMPUS, PERUMTHURUTHY, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 107. 5. THE PRINCIPAL, NAZARETH COLLEGE OF PHARMACY, OTHERA P.O., THIRUVALLA VIA., PATHANAMTHITTA DISTRICT, PIN-689 546. SC SRI. T.A. SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.1276 OF 2011(H) -------------------------------------------------- Dated this the 14th day of January, 2011 J U D G M E N T Petitioners are 4th year B. Pharm students undergoing their courses under respondents 4 and 5, which are affiliated to the first respondent University. For the reason that they have not successfully completed the 2nd year examination, they will not be allowed to appear for the final examinations. According to the petitioners 1 to 3, in the second year examination they failed in one paper each and 4th petitioner failed in two papers. It is stated that they applied for revaluation and by Ext.P10 judgment this court directed the University to expeditiously complete the process of revaluation. Petitioners complain that so far result has not been announced and that for the fault of the University, they should not be deprived of their chance to appear in the examination. 2. According to the standing counsel appearing for the University, only those students who have successfully passed the 2nd year examination can appear in the 4th year examination. Having regard to the admitted position that petitioners have not WPC.No.1276 /2011 :2 : completed the second year examination successfully, as at present they are ineligible. In that view, the University cannot be faulted if the petitioners are not permitted to appear for the examination. This view is consistant with the judgment in WP(c). No.27128/2010 and in W.A.NO.1244/2010. 3. It is true that the petitioners have secured Ext.P10 judgment directing the University to expeditiously complete the revaluation. However, Ext.P10 judgment was rendered by this court only on 23.10.2010 and this court has not prescribed any time for completing the revaluation. Further petitioners have no case that the University has not complied with any such time limit. In such circumstances the issue is fully covered against the petitioners and therefore the writ petition deserves to the dismissed and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.1276 /2011 :3 :