IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 37622 of 2009(W) --------------------------------------- PETITIONER: ------------------- 1. ROSHNY KRISHNAN.V, IIND YEAR STUDENT, CENTURY DENTAL COLLGE, POINACHI, KASARAGOD. 2. HIBA AHAMMED, -DO- 3. AMAL MOHAMMED YAKOOB, -DO- 4. NAJILA.C.H, -DO- 5. NARISH RASHEED, -DO- 6. SABITHA.P, -DO- 7. RUPESH.A.R, -DO- 8. JAMSHED.C.K, -DO- 9. THOUFEEQUE ALI AHAMMED.N.M, -DO- 10. NIJILK, -DO- 11. MISHIYAS.K, -DO- BY ADVS. SRI.A.K.SRINIVASAN, SRI.VINODKUMAR, SRI.JIMMY GEORGE, SRI.A.S.BENOY. RESPONDENTS: ------------------------ 1. KANNUR UNIVERSITY, REP. BY REGISTRAR, KANNUR UNIVESITY CAMPUS, MANGAD, KANNUR. W.P.(C). NO.37622/2009-W: 2. THE PRINCIPAL, CENTRAL DENTAL COLLEGE, POINACHI, KASARAGODE. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR. R1 TO R3 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37622/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN W.P.(C).NO.21458/2009 DTD. 06/08/2009 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P.2: COPY OF THE MARKLIST ISSUED BY R.1. TO THE P.1. DTD. 10/12/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.37622 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2010 J U D G M E N T The petitioners are students of the 2nd respondent college undergoing BDS course. They wrote the first year BDS examination which commenced on 30.10.2008. During previous years, the first year BDS Degree results were published within 45 days from the date of examination. But in 2008, it was not so published. In the meanwhile, the 2nd year classes started. Therefore the petitioners were allowed to attend the 2nd year classes. As per rules only after passing the first year examination the students can attend the 2nd year and write the 2nd year examination. While the petitioners were so attending the 2nd year classes the results of the first year were published and the petitioners failed in some subject/subjects. They were directed to discontinue attending the 2nd year classes. They subsequently wrote the supplementary examination and W.P.(C)No.37622 of 2009 -2- passed the 1st year examination. But they were not permitted to write the 2nd year examination. It is under the above circumstances the petitioners have filed this writ petition seeking the following reliefs: “(a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to permit the petitioners to remit the 2nd year BDS examination fees for the exams to be held shortly by the 1st respondent. (b) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 1st, 2nd and 3rd respondents to permit the petitioners who has come out successfully in the 1st year supplementary BDS examination to appear in the 2nd year BDS examination.” 2. By an interim order dated 23.12.2009 the petitioners were permitted to provisionally pay the examination fee for the 2nd year BDS examination subject to further orders. Later by order dated 04.03.2010 they were permitted to write the 2nd year BDS examination also. Now what remains to be done in this writ petition is to decide as to whether the results of the petitioners' 2nd year examination should be published or not. That exact question was considered by me in W.P. (C) No.9336/2010, wherein for the reasons stated therein, I found that since W.P.(C)No.37622 of 2009 -3- the fault is not on the students, they should not be deprived of the results of the examination, which they had written as per orders of this court. In the above circumstances following that judgment, this writ petition is disposed of directing the respondents to declare the results of the petitioners' 2nd year examination as if the petitioners had written the examination validly. S. SIRI JAGAN JUDGE shg/