IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3600 of 2009(C) ------------------------- PETITIONER(S): --------------- 1. ANOOP M.V. B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA, MALAPPURAM DIST. 2. MOHAMMED IRFAN AMEER M.N, B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA, MALAPPURAM DIST. 3. SAJID NEDUMPALLI, B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA, MALAPPURAM DIST. 4. AKBAR HUSSAIN K.M., B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA MALAPPURAM DIST. 5. DEEPAK M. NARAYANAN, B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA MALAPPURAM DIST. 6. ABHINAV.J, B.PHARM STUDENT, DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA MALAPPURAM DIST. 7. REMYA K, B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA MALAPPURAM DIST. 8. LIBIN BAL, B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA MALAPPURAM DIST. WPC NO.3600/2009 9. NAVAS, B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA MALAPPURAM DIST. 10. MANJUSHA, B.PHARM STUDENT DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA MALAPPURAM DIST. BY ADV. MR.P.SANJAY MS.A.PARVATHI MENON MR.BIJU MEENATTOR MR.M.MUHAMMED SHAFI MR.J.ABHILASH RESPONDENT(S): --------------- 1. THE CONTROLLER OF EXAMINATION, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM. 2. DEVAKIYAMMA MEMORIAL COLLEGE OF PHARMACY, CHELAMBRA, MALAPPURAM DISTICT REPRESENTED BY ITS PRINCIPAL MR.P.C.SASIDHARAN, SC FOR THE UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.3600 of 2009 --------------------------------- Dated, this the 6th day of February, 2009 J U D G M E N T The petitioners are the final year B.Farm students under the Calicut University. They did not successfully complete all papers in the second year examination. They appeared for the supplementary examination, but was also unsuccessful. It is stated that now they have applied for revaluation of answer papers and the results are awaited. By referring to Ext.P2, they say that the next supplementary examination is scheduled to commence on 18/02/2009, and that as per Ext.P1 time schedule, the final year examination is also scheduled to commence on alternate days. It is stated that since revaluation results of the supplementary examination have not been declared, they will not be permitted to appear for the final year examination. On the basis that in the previous years, similarly situated candidates were permitted to appear for the final year examination, they submitted Ext.P3 representation also. There was no response to Ext.P3. It is in these circumstances, the writ petition is filed. 2. The learned standing counsel appearing for the University pointed out that in terms of the regulations framed by the University, WP(C) No.3600/2009 -2- unless a student has successfully completed all the papers of the previous years, the student cannot appear for the final year examination. In so far as the averments in paragraph 5 of the writ petition, that in previous year certain relaxations have been given, the learned standing counsel for the University admits that such relaxation was given and it was under the orders of the Vice Chancellor by exercising its extraordinary powers. It is stated that at least for the last one year the University has not granted relaxation of the Rules. According to the University, they have already resolved to strictly comply with the Regulations hereafter. 3. If the regulation requires that the students should clear all the papers of the second year examination to appear for the third year examination, this Court will not be justified in passing any order diluting such regulation, even if in the past, relaxation has been taken place. Therefore, so long as, the regulation remains as such, the petitioners cannot seek any order from this Court permitting them to appear for the final year Examination at this stage. The writ petition fails and is, accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg