IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25274 of 2009(D) -------------------------------------- PETITIONER(S): ---------------------- ALAN GEORGE, ALAN VIHAR, ERAYANNAM VEETIL,MARUTHORVATTOM P.O. CHERTHALA, ALAPPUZHA. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REP.BY THE VICE CHANCELLOR,PRIYADARSHINI HILLS, KOTTAYAM. 2. CONTROLLER OF EXAMINATION MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS, KOTTAYAM. 3. PRINCIPAL, PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES, THIRUVALLA. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25274/2009 - D ---------------------------------------- Dated 15th September, 2009 Judgment Heard Smt.Mumtaz Shamsuddin, the learned counsel appearing for the petitioner and Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University. 2. The petitioner was a first year MBBS student in the Pushpagiri Institute of Medical Sciences and Research Centre, Thiruvalla during the acadmic year 2007-2008. The first year MBBS examination was held in October, 2008. The petitioner failed in the papers in 'Bio-Chemistry' and 'Physiology'. He secured only 69 marks each in the said papers as against the prescribed minimum of 70 marks. He therefore applied for revaluation of the answer scripts in the said papers by submitting the original of Ext.P2 application dated 18.3.2009. As per the Regulations of the Medical Council of India which governs the College where the petitioner underwent his first year MBBS course and also as per the Regulations of the Mahatma Gandhi University, first year MBBS students who have not passed the first year MBBS examination are not entitled to attend the second year MBBS classes. Complaining that his answer scripts W.P.(C) No.25274/2009 2 have not been revalued, the petitioner had filed W.P.(C) No.13435 of 2009 in this Court. By Ext.P4 judgment delivered on 8.5.2009, this Court directed the University to complete the revaluation and to publish the results within eight weeks from the date of receipt of a copy of the judgment. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to permit him to attend the second year MBBS classes. Reliance is placed on Ext.P6 judgment of this Court in W.P.(C) No.1603 of 2008. 3. The learned Standing Counsel appearing for the Mahatma Gandhi University submits, on instructions, that after revaluation, the petitioner secured a pass in one paper only namely, 'Physiology' and that he did not pass the paper in 'Bio-Chemistry'. He also submits that as per the Regulations framed by the Universoity and Medical Council of India, the petitioner who has not passed the first year MBBS examination cannot attend the second year classes. 4. I have considered the submissions made at the Bar by the learned counsel on either side. Though a learned Single Judge of this Court has by Ext.P6 judgment directed the Kannur University and the Principal, Academy of Medical Sciences, Pariyaram to permit first year students who had failed in the first year MBBS examination and had applied for revaluation to attend the second year MBBS W.P.(C) No.25274/2009 3 classes, a Division Bench of this Court has by judgment delivered on 11.6.2007 in W.A.No.1342 of 2007 held that first year MBBS students who have failed in the first year examination and have applied for revaluation cannot invoke the jurisdiction of this Court under Article 226 of India and seek a direction enabling them to attend classes in the second year of the MBBS course. In my opinion, in view of the binding decision of the Division Bench of this Court in W.A.No.1342 of 2007, the reliefs prayed for by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed with the observation that nothing contained in this judgment will stand in the way of the petitioner from attending classes in the second year after he passes the first year MBBS examination. P.N.RAVINDRAN Judge vaa