IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 W.A.No. 1393 of 2008 -------------------------------------- AGAINST THE JUDGEMENT IN WPC.19976/2008 DATED 02/07/2008 .................... APPELLANT/PETITIONER IN THE WRIT PETITION: ---------------------------------------------------------------------- DHANYA DAYANANDAN, D/O.K.DAYANANDAN, AGED 24 YEARS, FINAL YEAR M.B.B.S.STUDENT, ACADEMY OF MEDICAL SCIENCES (ACME), PARIYARAM, RESIDING AT DHANYA NIVAS, S.S.TEMPLE ROAD, GRAMAM WEST, PAYYNANNUR VILLAGE, TALIPARAMBA TALUK PAYYANNUR VILLAGE. BY ADV. SRI.MATHAI M.PAIKADAY (SR), SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENTS/RESPONDENTS IN THE WRIT PETITION: -------------------------------------------------------------------------------- 1. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, P.O.MANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS KANNUR UNIVERSITY, P.O.MANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR DISTRICT. 3. THE PRINCIPAL, ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR DISTRICT. R1 & R2 BY STANDING COUNSEL SRI.M.SASEENDRAN R3 BY ADV.SRI.P.V.SURENDRANATH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1393 of 2008 ------------------------------------------ Dated this the 4th day of July, 2008 JUDGMENT Basheer, J. The appellant is a final year MBBS student undergoing her course in the Academy of Medical Sciences at Pariyaram in Kannur District. Admittedly she has not passed the second year examination in Pharmacology. The final year examinations are scheduled to be held between 3rd and 11th of July, 2008. The University has also scheduled to hold supplementary examination in Pharmacology on 11th and 14th of July, 2008. Going by the Regulations governing the course of study, the appellant would not be able to write the final year examination unless she has passed all the previous examinations. 2. It was in the above circumstances that the appellant approached this Court under Article 226 of the Constitution praying for issuance of a direction to the respondents to allow her to write the final year MBBS (Part- I) Examination scheduled to commence from July 3, 2008. The learned Single Judge was not inclined to issue the above direction justifiably, in our view. It was noticed by the learned Judge that such a direction could not be issued in view of the interdiction in the Regulations. 3. Though learned senior counsel appearing for the W.A.No.1393 of 2008 2 appellant contended that such a direction will not cause any prejudice to any other candidate, we are unable to accede to the above request. Lastly, the senior counsel invited our attention to a judgment rendered by a Division Bench of this Court in W.A.No.2365 of 2006. In that case, this Court had permitted a candidate in a similar situation to write the final year examination without clearing the previous examinations. But, in our view, the said judgment cannot be treated as a precedent for the purpose of this case. The Regulation being such, it has to be respected and complied with. Admittedly, the Regulation prescribes that only those candidates who have passed the previous examinations can be allowed to write the final year examination. Therefore, the view taken by the learned Single Judge cannot be faulted. We do not find any illegality or irregularity in the view taken by the learned Single judge. There is no merit in this writ appeal and therefore it is dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns