IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 23397 of 2010(Y) ------------------------ PETITIONER : -------------------- 1. D.SAJI, FINAL YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHY, KASARGODE. 2. T.S.LUQMAN, FINAL YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHY, KASARGODE. 3. S.ARUN, FINAL YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHY, KASARGODE. 4. NAGMA, FINAL YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHY, KASARGODE. 5. BIJI SULAIMAN, FINAL YEAR STUDENT, CENTURY DENTAL COLLEGE, POINACHY, KASARGODE. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): ------------------------- 1. KANNUR UNIVERSTIY, REP. BY REGISTRAR, KANNUR UNIVERSTIY, KANNUR, PIN 670 002. 2. CONTROLLER OF EXAMINATION, KANNUR UNIVERSTIY, KANNUR, PIN 670 002. 3. PRINCIPAL, CENTURY DENTAL C0LLEGE, POINACHI, KASARGODE, PIN – 671 121. R1 & R2 BY ADV. SRI.M.SASEENDRAN, SC, KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, ALONG WITH WPC NO. 24764 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE LETTER NO. EP NO. IV PART – I BDS/09 (i) DATED 1.7.2010. EXT.P2 : PHOTOCOPY OF THE INTIMATION NO. EGI/Dt1/2007 DATED 14.7.2010. EXT.P3 : PHOTOCOPY OF THE JUDGMENT IN WP(C) NO. 25989/2009 DATED 2ND JUNE 2010. EXT.P4 : PHOTOCOPY OF THE REPRESENTATION FORWARDED ON 20.6.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ================ W.P.(C) NOs. 23397 & 24764 OF 2010 =========================== Dated this the 4th day of February, 2011 J U D G M E N T Petitioners are Final year BDS students in the Century Dental College, Kasargod affiliated to the 1st respondent University. In the final year BDS examination, they failed in some of the subjects of Part I examination. On account of the above, they were denied permission to appear for Part-II Examination. Complaining of the above, the writ petitions have been filed. Pursuant to the interim orders passed in these writ petitions, they were permitted to appear for Part II Examination. 2. The contention raised by the counsel for the petitioners is that under the syllabus applicable to the Kannur University, carry over to Final BDS Part II is permitted even for candidates who have failed in Part I subjects and that carry over is not allowed only to those who have not appeared for Part I examination. It is stated that since they appeared for Part I examination, irrespective of whether they passed the examination or not, they were entitled to appear for Part II examination. Therefore, according to him, the University should be directed to declare the results of Part II examination, which is now withheld. WPC Nos. 23397 & 24764/2010 :2 : 3. Standing counsel appearing for the University submits that even now except the first petitioner in WP(C) No.23397/10 and the petitioner in WP(C) No.24764/10, the remaining petitioners have not successfully completed Part I examination in full. He submits that although carry over is allowed, it only enables the students to continue their studies and that unless the failed candidates pass all subjects of Part I, they are ineligible to appear in Part II examinations. 4. I have considered the submissions made. 5. Ext.P5 in WP(C) No.23397/10 is the regulations. Clause 7 of the General Regulations reads as follows:- 7. Carry over to final BDS part II is given to candidates who failed in final BDS part I subjects. But candidates who have not attempted final BDS part I examination is not eligible to attend the final BDS part II course. 6. This regulation therefore makes it clear that carry over to final BDS Part II is allowed to candidates who failed in Final year BDS Part I. However, this does not provide that the candidate can appear for Part II examination. This provision therefore only enables the candidates to continue their studies and do not enable the candidates who have not passed Part I examination to appear for Part II examination. This is clear from Clause 8 of the WPC Nos. 23397 & 24764/2010 :3 : Regulation, which says that the candidates who have failed in any of the subjects of the BDS examination shall be required to put in further course of study with requisite attendance before he can appear for the next succeeding examination. Thus, it is obvious that only those who have passed the preceding examinations can appear in the succeeding examinations. If that be so, going by the terms of 7 and 8, at the time when they filed the writ petition, the petitioners were ineligible to appear for Part II Final BDS Examination. If that be so, the University cannot be faulted for withholding the results of Part II examination. 7. However, fact remains that during the pendency of the writ petition, first petitioner in WP(C) No.23397/10 and the petitioner in WP(C) No.24764/10 have passed Part I examination. Therefore, in the circumstances of this case, I am inclined to think that as far as their requests are concerned, the results withheld should be published. As far as rest of the petitioners are concerned, since even as of now, they have not completed Part I examination in full, University cannot be directed to publish their results of Part II Final Examination, which is rightly withheld by the University. Therefore, I direct that University shall publish the results of Part II Final year BDS examination of 1st petitioner in WP WPC Nos. 23397 & 24764/2010 :4 : (C) No.23397/10 and the petitioner in WP(C) No.24764/10. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp