IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 415 of 2010(B) ----------------------------------- PETITIONER(S): ------------------------- 1. DINU MATHEW, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADI, PUTHUPPALLY, KOTTAYAM. 2. MANU VARGHESE, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADI, PUTHUPPALLY, KOTTAYAM. 3. SINDHYA.K, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADI, PUTHUPPALLY, KOTTAYAM. 4. CHINJU JOHN, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADI, PUTHUPPALLY, KOTTAYAM. 5. DHANALAKSHMI.C., 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADI, PUTHUPPALLY, KOTTAYAM. 6. SABIRA MEHABOOB, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADI, PUTHUPPALLY, KOTTAYAM. 7. ASWATHY, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH THALAPPADI, PUTHUPPALLY, KOTTAYAM. 8. LONA BABU, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH THALAPPADI, PUTHUPPALLY, KOTTAYAM. 9. MAYA GEORGE, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH THALAPPADI, PUTHUPPALLY, KOTTAYAM. 10. JIJI JOHN, 3RD YEAR B.PHARM, REGIONAL INSTITUTE OF MEDICAL SCIENCE & RESEARCH, THALAPPADI, PUTHUPPALLY, KOTTAYAM. 11. LINU V.KOSHY, 3RD YEAR B.PHARM, PUSHPAGIRI COLLEGE OF PHARMACY, THIRUVALLA. 12. JOHNSON JAMES, 3RD YEAR B.PHARM, NASRETH COLLEGE OF PHARMACY, OTHERA P.O., THIRUVALLA. Kss ..2/- ..2... WPC.NO.415/2010 B 13. SULFI.N.ALI, 3RD YEAR B.PHARM, NASRETH COLLEGE OF PHARMACY, OTHERA P.O., THIRUVALLA. 14. RINKU KURIAKOSE, 3RD YEAR B.PHARM, NASRETH COLLEGE OF PHARMACY, OTHERA P.O., THIRUVALLA. BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K., SRI.JOBI.A.THAMPI, SMT.M.KABANI DINESH, SMT.FASHIYA YOUSEFF. RESPONDENT(S): -------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,ATHIRAMPUZHA, KOTTAYAM. 2. VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. PRINCIPAL, REGIONAL INSTITUTE OF MEDICAL SCIENCE AND RESEARCH, THALAPPADY, PUTHUPPALLY. 4. PRINCIPAL, PUSHPAGIRI COLLEGE OF PHARMACY,THIRUVALLA. 5. PRINCIPAL, NASRETH COLLEGE OF PHARMACY, OTHERA P.O., THIRUVALLA. R1 & R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.415/2010 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE HALL TICKET OF 1ST PETITIONER ISSUED BY THE UNIVERSITY. P1(A): COPY OF THE HALL TICKET OF 2ND PETITIONER ISSUED BY THE UNIVERSITY. P1(B): COPY OF THE HALL TICKET OF 3RD PETITIONER ISSUED BY THE UNIVERSITY. P1(C): COPY OF THE HALL TICKET OF 4TH PETITIONER ISSUED BY THE UNIVERSITY. P1(D): COPY OF THE HALL TICKET OF 5TH PETITIONER ISSUED BY THE UNIVERSITY. P1(E): COPY OF THE HALL TICKET OF 6TH PETITIONER ISSUED BY THE UNIVERSITY. P1(F): COPY OF THE HALL TICKET OF 7TH PETITIONER ISSUED BY THE UNIVERSITY. P1(G): COPY OF THE HALL TICKET OF 8TH PETITIONER ISSUED BY THE UNIVERSITY. P1(H): COPY OF THE HALL TICKET OF 10TH PETITIONER ISSUED BY THE UNIVERSITY. P1(I): COPY OF THE HALL TICKET OF 11TH PETITIONER ISSUED BY THE UNIVERSITY. P1(J): COPY OF THE HALL TICKET OF 12TH PETITIONER ISSUED BY THE UNIVERSITY. P1(K): COPY OF THE HALL TICKET OF 13TH PETITIONER ISSUED BY THE UNIVERSITY. P1(L): COPY OF THE HALL TICKET OF 14TH PETITIONER ISSUED BY THE UNIVERSITY. P1(M):COPY OF THE HALL TICKET OF 9TH PETITIONER ISSUED BY THE UNIVERSITY. P2: COPY OF THE REGULATION OF THE UNIVERSITY. P3: COPY OF THE U.O.NO.5782/3/04/SF III DTD. 11/01/2006 OF THE 1ST RESPONDENT. P4: COPY OF THE INTERIM ORDER IN WP(C) NO.34039/2009 DTD.4/12/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 415 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 J U D G M E N T The petitioners are students of the B.Pharm course. They approached this court at a time when they were not permitted to write the 3rd year B.Pharm examination on the ground that they had not cleared all the subjects of the 2nd year. According to the petitioners, in view of Ext.P2 regulations, the petitioners are entitled to write the examination and only the publication of results can be withheld pending the petitioners passing the 2nd year subjects. But going by Ext.P3 order of the University, only after passing all subjects in the lower class, candidates would be eligible to appear in the examination in the higher class. Perceiving some doubt as to whether Ext.P3 is actually an amendment of statutory regulations, I had by judgment dated 07.07.2010 in W.P.(C) No.34031/2009 had directed declaration of results of similarly placed students W.P.(C)No. 415 of 2010 -2- who had written the 3rd year examination on the strength of interim orders of this court. In this case also the petitioners have written the 3rd year examination on the strength of the interim orders. But admittedly the 10th petitioner is not eligible for such relief. In the above circumstances, I direct that, the results of the 3rd year examination which the petitioners have written on the strength of the interim order of this court be declared, except that of the 10th petitioner, as if they had written the examination validly. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/