IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 1703 of 2010(K) ------------------------------------- PETITIONERS: --------------------- 1. ABDUL REHMAN P., IIND YEAR STUDENT, PARIYARAM DENTAL COLLEGE, ACADEMY OF MEDICAL SCIENCE, PARIYARAM MEDICAL COLLEGE P.O., KANNUR-670 503. 2. ADARSH K.V., DO. DO. 3. AHALIA N.RADHAKRISHNAN, DO. DO. 4. APARNA N., DO. DO. 5. APARNA. R., DO. DO. 6. AYSHA MAHMOOD, DO. DO. 7. BINCY. P., DO. DO. 8. DHILNA .M., DO. DO. 9. DILSHA E., DO. DO. 10. DINU ANN DOMANIC, DO. DO. 11. DRISHYA KISHORE, DO. DO. 12. FARHANA ARIF K., DO. DO. W.P.(C). NO.1703/2010-K: 13. FARIS P., DO. DO. 14. FATHIMA K.P., DO. DO. 15. GAZALA M.P., DO. DO. 16. HAREENDRAN SILNA, DO. DO. 17. JASMINE JOSEPH, DO. DO. 18. JURAISE M.C., DO. DO. 19. LAYA PREM, DO. DO. 20. MANEESHA K.K., DO. DO. 21. MEHARUNEESA N., DO. DO. 22. MOHAMMED NISHAN, DO. DO. 23. NAJMA K., DO. DO. 24. NASNEEN K.P., DO. DO. 25. PRIYANKA SYAM, DO. DO. 26. RADHI R.K., DO. DO. 27. RANI GEORGE, DO. DO. 28. RANI JAYATHA P.R., DO. DO. 29. RANJU M.B., DO. DO. 30. SADIYA K., DO. DO. W.P.(C). NO.1703/2010-K: 31. SAJJADA B.A., DO. DO. 32. SANOOF ASHRAF, DO. DO. 33. SHABEENA M.K., DO. DO. 34. SHAFNA, DO. DO. 35. SHAHANA, DO. DO. 36. SHEMEENA ABOOBACKER, DO. DO. 37. SHEETHU SHAJI, DO. DO. 38. SHERJIN FERNANDEZ, DO. DO. 39. SHRUTHI V.V., DO. DO. 40. SREEVARSHA E., DO. DO. 41. SHILPA MOHAN, DO. DO. 42. CHISNA VALSAN, DO. DO. 43. SAJEERA VAZHAYIL, DO. DO. 44. HIMA M.S., DO. DO. BY ADVS. MR.A.K.SRINIVASAN, MR.A.VINODKUMAR, MR.JIMMY GEORGE, MR.A.S.BENOY. RESPONDENTS: ------------------------ 1. KANNUR UNIVERSITY, REP. BY REGISTRAR, KANNUR UNIVERSITY CAMPUS, MANGAD, KANNUR. W.P.(C). NO.1703/2010-K: 2. THE PRINCIPAL, PARIYARAM DENTAL COLLEGE, ACADEMY OF MEDICAL SCIENCE, PARIYARAM MEDICAL COLLEGE P.O., KANNUR-670 503. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR. R1 TO R3 BY MR.M.SASEENDRAN,S.C,KANNUR UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1703/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of February, 2010 J U D G M E N T The petitioners are the students of the second respondent-College, undergoing B.D.S Degree Course. The College is affiliated to the first respondent-University. The petitioners appeared for the first year B.D.S Examinations which commenced on 30/10/2008. The results of the same were published on 23/06/2009. Ext.P1 is the copy of the provisional list of successful candidates published by the first respondent. 2. The second year B.D.S classes started on 01/07/2009 by the second respondent-College. It is pointed out that there are four subjects, namely, Pharmacology, Microbiology, Pathology and, Oral Histology and Dental Anatomy. The practical classes for the Pharmacology and Microbiology have started only on 07/01/2010. The theory examination of Microbiology for internal assessment will commence on 18/01/2010. The petitioners are aggrieved by the steps taken by the University to conduct the second year B.D.S Examination on 05/02/2010. It appears that the said examination was declared to be held on 21/01/2010 which was subsequently postponed to 05/02/2010. It is the case of the petitioners that the delay in so far as the W.P.(C). No.1703/2010 -:2:- second respondent-College in starting the second year B.D.S Classes was only due to the inaction of the first respondent-University in publishing the results of the first year B.D.S Examination i.e. after a long lapse of more than seven months, which resulted in non completion of minimum working hours for both the theory and practical classes for the second year B.D.S Class. Accordingly, they seek for a direction to respondent Nos.1 and 3 to postpone the second year B.D.S Examination till the completion of the second year classes. 3. Heard the learned Standing Counsel for the University and the learned Standing Counsel appearing for the second respondent-College. 4. In the statement filed by the University it is pointed out that apart from the second respondent-College there are similarly placed colleges and a meeting of the Principals of such Colleges under the first respondent- University was held at the Chamber of the third respondent- Controller of Examinations on 14/10/2009. Various dates were proposed by the colleges and initially, it was decided to conduct the examination on 21/01/2010. Ext.R1(d) is the copy of the said notification. Thereafter, another meeting of the Principals of the Dental Colleges was convened on 02/01/2010 and postponed the examination to 05/02/2010. It W.P.(C). No.1703/2010 -:3:- is also stated that if the request of the petitioners to postpone the examination till the last week of May 2010 is allowed, it will adversely affect the further scheduling and programming of the B.D.S Course. 5. The learned Standing Counsel for the College submitted that the classes could have been started only after the declaration of the results of the examination and in the other two colleges, the classes started earlier which is actually in violation of the rules. Therefore, it is submitted that if the examination is conducted on 05/02/2010, the students of the second respondent-College will be put to hardship. 6. It is clear from the pleadings of the petitioners that second year B.D.S Classes could commence only after the declaration of the results of the first year B.D.S Examinations and, it took more than seven months to publish the same also. In these circumstances, the petitioner cannot be penalised for the no fault of theirs. Therefore, it is upto the Controller of Examinations to convene a fresh meeting of the Principals of the Dental Colleges to arrive at a formula to avoid the hardship of the students like the petitioners. Therefore, there will be a direction to the third respondent to convene such a meeting without any delay. In the meanwhile, the examination proposed to W.P.(C). No.1703/2010 -:4:- he held on 05/02/2010 in respect of the second year B.D.S Course will be postponed and a fresh date will be arrived at in the meeting of the Principals of the Dental Colleges as directed above. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms