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. 35558 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. JESHIN FAYIS.A. 4TH YEAR B.PHAM STUDENT NIRMALA COLLEGE OF PHARMACY MUVATTUPUZHA, ERNAKULAM DIST. 2. CYRIAC ANTONY 4TH YEAR B.PHAM STUDENT NIRMALA COLLEGE OF PHARMACY MUVATTUPUZHA, ERNAKULAM DIST. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.JIJI THOMAS RESPONDENT(S): --------------- 1. M.G.UNIVERSITY, REPRESENTED BY ITS REGISTRAR ATHIRAMPUZHA, KOTTAYAM. 2. VICE CHANCELLOR, M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 4. PRINCIPAL, NIRMALA COLLEGE OF PHARMACY MUVATTUPUZHA, ERNAKULAM DIST. GOVT. PLEADER SHRI.M.A.ASIF 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. 35558/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE REGULATIONS OF B.PHAM COURSE. P2. COPY OF THE ORDER DTD.11.1.06 BY R1. P3. COPY OF THE JUDGMENT DTD.2.4.2009 IN W.P.(C).No. 34136/2007. P4. COPY OF THE ORDER DTD.4.12.2009 IN W.P.(C).No. 34035/2009. sdk+ ///True copy/// P.A. to Judge . S.SIRI JAGAN, J. ================== W.P.(C).No. 35558 of 2009 ================== Dated this the 26th day of July, 2010 J U D G M E N T At the time of filing the writ petition, the petitioners were 4th year students of B.Pham course. They have not cleared some papers of the 3rd year. On that ground, they were not permitted to write the 4th year examination. This Court passed an interim order dated 9.12.2009 directing the University to permit the petitioners to write the examination subject to the result of the writ petition, with the rider that results need not be published unless otherwise ordered by this Court. Pursuant to the said direction, the 1st petitioner has written the 4th year examination and the 2nd petitioner has not. The 1st petitioner now seeks declaration of the results of his examination written pursuant to the interim order. 2. For getting the reliefs prayed for, the petitioners have to first satisfy this Court that, under law, the petitioners are entitled to write the 4th year examination without passing all subjects in the 3rd year. As evident from Ground A of the writ petition, the contention of the petitioners is that, as per Ext.P2, they are entitled to write the 4th year examination without passing all subjects in the 3rd year examination and the only restriction is that the results would not be declared till they pass 3rd year examination in full. I am of opinion that w.p.c.35558/09 2 the same is misconceived. The petitioners themselves rely on Ext.P2. Ext.P2 specifically states 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, the petitioners are entitled to write the 4th year examination only after passing all subjects in the lower class, viz., 3rd year. Admittedly at the time of writing the 4th year examination on the strength of the interim order of this Court, the petitioners had not passed the 3rd year examination in full. Therefore, they are not entitled to write the 4th year examination, in view of the condition in Ext.P2, which the petitioners themselves rely on. Therefore, there is no merit in the writ petition. Accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge