IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 25388 of 2009(P) -------------------------- PETITIONERS: --------------- 1. SHAHAD.M., BDS STUDENT, CENTURY DENTAL COLLEGE, POINACHI. KASARAGOD DIST. 2. NIMMY GEORGE, BDS STUDENT DO-DO- 3. UMMUHANI.K., BDS STUDENT DO-DO- 4. VARSHA.K.V. BDS STUDENT, DO-DO- 5. BINU.B. KURUP, BDS STUDENT, DO-DO- 6. MAHESH MOHAN, BDS STUDENT, DO-DO- 7. MOHAMMED D. RASHID BDS STUDENT, DO-DO- 8. SAFA AHMEAD BDS STUDENT, DO-DO- 9. UMAIMA BINDH SALIH, BDS STUDENT, DO-DO- 10. SOONAM SALMA, BDS STUDENT, DO-DO- BY ADV. MR.A.MOHAMED MUSTAQUE MS.LAKSHMI RAJAN RESPONDENT(S): --------------- 1. THE VICE-CHANCELLOR, KANNUR UNIVERSITY UNIVERSITY CAMPU8S, MANGATTUPARAMBA, KANNUR DIST. 2. THE REGISTRAR, KANNUR UNIVERSITY, UNIVERSITY CAMPUS, MANGATTUPARAMBA,KANNUR KANNUR DIST. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, MANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR, KANNUR DT. 4. THE PRINCIPAL, CENTURY DENTAL COLLEGE, POINACHI, KASARAGOD DT. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1-3 SRI.C.K.SREEJITH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, ALONG WITH WPC NO. 25989 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25388 of 2009 PETITIONERS' EXHIBITS EXT.P1: COPY OF MARK LSIT OF 1ST PETITIONER. EXT.P2: COPY OF MARK LSIT OF 2ND PETITIONER. EXT.P3: COPY OF MARK LIST OF 3RD PETITIONER. EXT.P4: COPY OF MARK LIST OF 4TH PETITIONER. EXT.P5: COPY OF MARK LIST OF 5TH PETITIONER. EXT.P6: COPY OF THE MARK LIST OF 6TH PETITIONER. EXT.P7: COPY OF THE MARK LSIT OF 7TH PETITIONER. EXT.P8: COPY OF THE MARK LSIT OF 8TH PETITIONER. EXT.P9: COPY OF THE MARK LIST OF 9TH PETITIONER. EXT.P10: COPY OF THE MARK LIST OF 10TH PETITIONER. EXT.P11: COPY OF REQUEST MADE BY PETITIONERS BEFORE THE R1 DTD 22.7.09. EXT.P12: CPY OF REQUEST MADE BY R4 BEFOE R1 DTD 22.7.2009. EXT.P13: COPY OF JUDGMENT IN W.P.9C)NO.21458/09 DTD 6.8.09 OF THIS HON'BLE COURT. EXT/P14: COPY OF HALL TICKET OF 1ST PETITIONER. EXT.P15: COPY OF HALL TICKET OF 2ND PETITIONER. EXT.P16: COPY OF HALL TICKET OF 3RD PETITIONER. EXT.P17: COPY OF HALL TICKET OF 4TH PETITIONER. EXT.P18: COPY OF HALL TICKET OF 5TH PETITIONER. EXT.P19: COPY OF HALL TICKET OF 6TH PETITIONER. EXT.P20: COPY OF HALL TICKET OF 7TH PETITIONER. EXT.P21: COPY OF HALL TICKET OF 8TH PETITIONER. EXT.P22: COPY OF HALL TICKET OF 9TH PETITIONER. EXT.P23: COPY OF HALL TICKET OF 10TH PETITIONER. EXT.P24: COPY OF LIST OF SUCCESSFUL CANDIDATES APPEARED FOR 2ND YEAR BDS (SUPPL EXAMINATION) PUBLISHED BY KANNUR UNIVERSITY DTD 7.12.09 WP(C).No. 25388 of 2009 1ST RESPONDENT'S EXHIBITS ANNEX-A1: COPY OF BDS REGULATION. ANNEX-AII: COPY OF JUDGMENT IN W.P.(C)NO.19976 OF 2008 DTD 2.7.2008. ANNEX-AIII: COPY OF JUDGMENT IN W.A.NO.1393 OF 2008 DTD 4.7.2008. ANNEX-AIV: COPY OF JUDGMENT IN W.A.NO.1342 OF 2007 DTD 11.6.2007. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. -------------------------------- W.P.(C) Nos. 25388/09 & 25989 OF 2009 ------------------------------- Dated this the 2nd day of JUNE, 2010 J U D G M E N T These writ petitions relate to the entitlement of the petitioners for appearing for the fourth year examination of the BDS course. The issue involved in these writ petitions has been extensively considered by a learned Single Judge of this Court and interim orders have been passed which are identical in both case. The order is quoted below: Heard Sri.A.Mohammed Mustaque, the learned counsel appearing for the petitioners and Sri.M.Sasindran, the learned standing counsel appearing for respondents 1 to 3. There was no representation for the fourth respondent. 2. The petitioners are students undergoing the BDS Degree course in Century Dental College, Kasaragod. They appeared for the second year BDS Examination conducted by the Kannur University in November, 2008. The third year classes commenced in January, 2009. While the petitioners were attending the third year classes, the result of the second year BDS Examination held in November, 2008 was published on 20.7.2009. The petitioners failed in more than one subject. As per the Regulations for the BDS Course, only a candidate who has passed all the second year BDS subjects can be promoted to the third year of the course. 3. Apprehending that they will not be permitted to continue their studies the petitioners moved the Vice W.P.(c)No.25388/09 & Con.case 2 Chancellor of Kannur University by submitting Ext.P11 representation seeking permission to continue to attend the third year classes. This writ petition was thereafter filed on 7.9.2009 seeking a direction to the respondents to permit the petitioners to continue their studies in the third year of the BDS course and to appear for the examination. Meanwhile, a supplementary examination was also conducted in August, 2009. The petitioners registered and appeared for the said examination. The results were published on 7.12.2009. The petitioners passed the papers in which they had failed in their maiden attempt. The petitioners submit that in such circumstances as they have now passed the second year BDS Examination and as they have been attending classes regularly since January, 2009, they may be permitted to appear for the third year BDS Examination commencing on 17.12.2009. The petitioners contend that as they were pursuing their studies in the third year, the delay on the part of the University in publishing the result of the second year examination conducted in November, 2008 cannot be a reason to deny them appearance in the third year examination especially when they have passed the second year examination in full though belatedly in the supplementary examination. 4. Sri.M.Sasindran, the learned standing counsel appearing for the Kannur University submits that the Regulations stipulate that a candidate should have passed the second year examination in full before he is promoted to the course of study for the third year and that carry over is not permitted. The petitioners who failed in the second year examination could not have continued their studies in the third year of the course, it is submitted. The learned counsel submits that the mere fact that the petitioners have passed the second year BDS Examination in the second attempt is not a ground to permit them to attend the third year classes or to appear in the third year examination. 5. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Regulation No.5 of the Regulations governing the BDS course reads as follows: “The candidate should pass in all the IInd BDS subjects before he is promoted to the course of study for IIIrd BDS .” W.P.(c)No.25388/09 & Con.case 3 If Regulation No.5 is strictly implemented, it would mean that all the students who appeared for the second year BDS examination held in November, 2008, would have sit out till 20.7.2009 when the result of the said examination was published. Such a situation is not contemplated by the Regulations. The University took nearly eight months to publish the results. If the regulations are to be strictly implemented, the University should also be diligent in conducting the examinations and in publishing the results. It cannot therefore be said that the petitioners should have waited till 20.7.2009 to be told whether they can attend the third year classes. The learned counsel appearing for the University was not able to point out any provision in the University Act, Statutes, Ordinances or Regulations which stipulate that higher classes can commence only after the results of the lower examination are published. In such circumstances, the period of study undergone by the petitioners in the third year of the course after appearing in the second year examination till 20.7.2009 when the result of the second year examination was published cannot be wiped out. Further, the petitioners state that they continued to attend the classes thereafter also. They also appeared for and passed the supplementary examination held in August, 2009 the result of which was published on 7.12.2009. In other words, the petitioners have passed the second year BDS Examination within five months from the date on which the result of the examination held in November, 2008 was published. In such circumstances, in the interests of justice, I am of the opinion that the petitioners should be permitted to appear for the third year BDS Examination commencing on 17.12.2009 if they have the required attendance in the third year classes. I accordingly direct the respondents to permit the petitioners to appear for the third year BDS Examination commencing on 17.12.2009 if they have the required attendance. If the petitioners have the required attendance, the respondents shall permit them to appear for the examination and also make necessary arrangements by issuing hall tickets and by providing the requisite number of question paper booklets and answer books. Registry to hand over a copy of this order to both sides on usual terms today itself”. W.P.(c)No.25388/09 & Con.case 4 The writ petitions were finally heard by me. I am in full agreement with the conclusions reached by the learned Single Judge in the interim orders, which actually dispose of the writ petitions themselves. Therefore, I dispose of these writ petitions in terms of the above said interim order. Consequently, there would be a direction to the University to publish the results of the examination, which the petitioners have written, as if the same has been written validly. Needless to say, the mark lists etc., should also be issued to the petitioners. S. SIRI JAGAN, JUDGE acd W.P.(c)No.25388/09 & Con.case 5 W.P.(c)No.25388/09 & Con.case 6