IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 1526 of 2010(M) ------------------------- PETITIONER(S): --------------- 1. JOMY MATHEW, 4TH YEAR B.PHARM STUDENT, DEPARTMENT OF PHARMACEUTICAL SCIENCE, CHURUVANDUR, ETTUMANOOR, KOTTAYAM DISTRICT. 2. AMSHAVANI.R., 4TH YEAR B.PHARM (SC) STUDENT, DEPARTMENT OF PHARMACEUTICAL SCIENCE, CHURUVANDUR, ETTUMANOOR, KOTTAYAM DISTRICT. 3. AKHILA P.O.,4TH YEAR B.PHARM(SC)STUDENT, DEPARTMENT OF PHARMACEUTICAL SCIENCE, CHURUVANDUR, ETTUMANOOR, KOTTAYAM DISTRICT. 4. NIMISHA.C.M., 4TH YEAR B.PHARM (SC) STUDENT, DEPARTMENT OF PHARMACEUTICAL SCIENCE, CHURUVANDUR, ETTUMANOOR, KOTTAYAM DISTRICT. 5. RAVIKRISHNAN.V., 4TH YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 6. HIMA SHINE BABY, 4TH YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 7. PONNY PAUL, 4TH YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 8. AMBIKA.P., 4TH YEAR B.PHARM (SC) STUDENT NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 9. HASHIM.P, 4TH YEAR B.PHARM STUDENT, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. 10. MELVIN SHIVU EPPAN, 4TH YEAR B.PHARM STUDENT, PUSHPAGIRI COLLEGE OF PHARMACY, THIRUVALLA. BY ADV. SRI.JIJI THOMAS RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. PRINCIPAL, DEPARTMENT OF PHARMACEUTICAL SCIENCE, CHURUVANDUR, ETTUMANOOR, KOTTYAM DISTRICT. 4. PRINCIPAL, PUSHPAGIRI COLLEGE OF PHARMACY, THIRUVALLA. 5. PRINCIPAL, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT. ADV.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 1526/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE UNIVERSITY REGULATION OF B.PHAM COURSE. P2. COPY OF THE REGULATION DTD.11.1.06. P3. COPY OF THE ORDER DTD.16.6.08. P4. COPY OF THE ORDER DTD.29.11.08. P5. COPY OF THE JUDGMENT IN W.P.(C).No. 2715/2009 OF THIS COURT. P6. COPY OF THE ORDER IN W.P.(C).No. 65/2010. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 1526 of 2010 ================== Dated this the 26th day of July, 2010 J U D G M E N T The petitioners have completed the 4th year B.Pham Course. They have not passed all subjects of the 3rd year. They filed this writ petition at a time when the 3rd year supplementary examinations were scheduled to commence on 18.1.2010. Since they had not cleared some papers of the 2nd year examination, they were not permitted to write the 3rd year examination. It is at that juncture, the petitioners have filed this writ petition seeking the following reliefs; “(i) Issue a writ of Mandamus or any other appropriate writ, order or direction to directing (sic) respondents 1, 3, 4 and 5 to permit the petitioners to appear for the 3rd year B.Pham Supplementary Examinations now scheduled to commence from 18.01.2010 onwards. (ii) Issue a writ of Mandamus or any other appropriate writ, order or direction to directing (sic) 4th and 5th respondent to provisionally permit the petitioners to appear the 3rd appropriate the 3rd year B.Pham Supplementary Examinations now scheduled to commence from 18.01.2010 onwards. (iii) To declare that the petitioners are entitled to appear for the 3rd year B.Pham Examinations with out (sic) passing the 2nd year examination in full.” 2. This Court passed an interim order on 15.1.2010 as follows; “There will be an interim order as prayed for provided the petitioners have cleared the first year subjects and have got the required attendance as per the regulations. The same will be subject to further orders to (sic) passed in the writ petition.” Pursuant to the same, the petitioners have written the 3rd year supplementary examination. They now seek declaration of the results w.p.c.1526/2010 2 of the 3rd year examination, which they have written on the strength of the interim order. Results can be declared only if the petitioners satisfy me that they are entitled to write the 3rd year examination without passing the 2nd year examination. Ext.P2 University order, which amends the regulations regarding the promotion procedure, reads thus; “Candidates who have registered for the University examination of a class will be eligible for promotion to the next higher class. But he/she will be eligible to appear for the examination of the higher class only after passing in all subjects in the lower class.” Going by the same, only those persons who have passed all subjects of the lower class are eligible to write the examination for the higher class. In other words, only those students who have cleared all subjects of the 2nd year can write the 3rd year examination. Admittedly, the petitioners have not cleared some subjects of the 2nd year examination at the time of filing the writ petition. Therefore, they are not legally eligible to write the 3rd year examination. In the above circumstances, the petitioners are not entitled to declaration of results of the examination, which they have written on the strength of the interim order. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.1526/2010 3