IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19976 of 2008(C) -------------------------- PETITIONER: ---------------- DHANYA DAYANANDAN, D/O. K. DAYANANDAN, AGED 24 YEARS, FINAL YEAR M.B.B.S. STUDENT, ACADEMY OF MEDICAL SCIENCES (ACME), PARIYARAM, RESIDING AT DHANYA NIVAS, S.S TEMPLE ROAD, GRAMAM WEST, PAYYANNUR VILLAGE, TALIPARAMBA TALUK, PAYYANNUR VILLAGE. BY ADV. SRI.MATHAI M PAIKADAY(SR.) SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENTS: ------------------ 1. THE KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, (P.O.) MANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS KANNUR UNIVERSITY, (P.O.) MANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR DISTRICT. 3. THE PRINCIPAL, ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR DISTRICT. BY SRI. M. SASEENDRAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02 /07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.19976 OF 2008 ---------------------------------------- Dated this the 2nd day of July, 2008 JUDGMENT The petitioner is a final year M.B.B.S. Student in a Medical College, which is affiliated to the Kannur University. She did not pass the previous examination. She is writing the supplementary examinations to be held on 11.7.2008 and 14.7.2008. In the meanwhile, the final year examination is scheduled to be held on 3.7.2008, 5.7.2008, 7.7.2008 and 9.7.2008. As per the rules applicable, the petitioner can write the final year examination only after clearing the previous examination in full. The petitioner submits that since both examinations are being conducted simultaneously, the petitioner may be permitted to appear for the final year examination also subject to passing of the 2nd year examination. The petitioner relies on Ext.P4 judgment of a Division Bench of this Court, in which while upholding the examination regulations, the Division Bench permitted similarly situated student to appear for the final year examination and the 2nd year examination simultaneously. W.P.(c)No.19976/08 2 2. I have considered the rival contentions in detail. This Court has been consistently refusing similar reliefs prayed for by similarly situated students all along. I am of opinion that when there are regulations which stipulate that the students can appear for the final year examination only after clearing the previous examination, this Court cannot direct the University permit appearance in examination overlooking those regulations. These regulations are prescribed for ensuring standards of education in the country. It is all the more so in the case of MBBS students, who are to treat the public after passing the examination. According to me, such students should pass the examinations the hard way, especially when they could not pass the main examination and are yet to write the supplementary examination. In fact in this case the supplementary examination is scheduled to be conducted only after the final examination is over. In the case of similar regulations in respect of permitting students to prosecute studies for the next Semester without passing the earlier Semester, another Division Bench of this Court had in W.A.No.1342/07 taken a strict view and held that such W.P.(c)No.19976/08 3 prosecuting of studies without passing the previous examination which is against the Regulations cannot be permitted. In the above circumstances, I am not inclined to grant the reliefs prayed for in this writ petition. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.19976/08 4