Muhammed Aslam A. v. The Kannur University

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 --------------------------- PETITIONER(S):

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1. MUHAMMED ASLAM. A., S/O.ABDUL LATHEEF, AGED 22 YEARS, RESIDING AT PUTHEN VEEDU, P.V. NORTH, THAYAVA P.O., KOLLAM DISTRICT.

2. VIVIN VARGHESE, S/O.VARGHESE, AGED 25 YEARS, RESIDING AT KANNADIYIL DALE, KARUNAGAPPALLY, KOLLAM DISTRICT.

3. MUHSINA, D/O.MUHAMMED, AGED 24 YEARS, RESIDING AT KETTINDEAKAYIL, THACHAMPOYIL THAMARASSERY, WAYANAD DISTRICT.

4. MUHAMMED FAYID. V.P., S/O.ABDUL RAHIMAN. K.P., AGED 22 YEARS, RESIDING AT AL FAYID, ANJARAKANDY P.O., KANNUR DISTRICT.

5. SAJNA. M.P., D/O.MUSTHAFA, AGED 25 YEARS, RESIDING AT MANKADAVATHU PUTHENVEETIL, VAIRANKODE P.O., THIRUNAVAYA, MALAPPURAM DISTRICT.

6. SHAMEELA ABDUL RAHIMAN, D/O.M. ABDUL RAHIMAN, AGED 23 YEARS, RESIDING AT AZMAS MANIL, WEAVERS STREET, NILESHWAR, KASARAGOD DISTRICT. BY ADVS.SRI.T.MADHU, SMT.C.R.SARADAMANI.

RESPONDENT(S):

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1. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, OFFICE OF THE REGISTRAR OF KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O., KANNUR DISTRICT- 670 567.

2. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, OFFICE OF CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O., KANNUR DISTRICT- 670 567.

BY ADV. SRI.V.A.MUHAMMED, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

APPENDIX PETITIONER'S EXHIBITS:- P1:

TRUE COPY OF THE APPLICATION DATED 04.03.2015 SUBMITTED BY THE 1ST PETITIONER.

P2:

TRUE COPY OF THE APPLICATION DATED 04.03.2015 SUBMITTED BY THE 2ND PETITIONER.

P3:

TRUE COPY OF THE APPLICATION DATED 04.03.2015 SUBMITTED BY THE 3RD PETITIONER.

P4:

TRUE COPY OF THE APPLICATION DATED 04.03.2015 SUBMITTED BY THE 4TH PETITIONER.

P5:

TRUE COPY OF THE APPLICATION DATED 04.03.2015 SUBMITTED BY THE 5TH PETITIONER.

P6:

TRUE COPY OF THE APPLICATION DATED 04.03.2015 SUBMITTED BY THE 6TH PETITIONER.

P7:

THE TRUE COPY OF THE JUDGMENT DATED 21.10.2014 IN WP(C).NO. 27367/2014 ON THE FILE OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.7352 of 2015 T - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2015

J U D G M E N T

The petitioners are aggrieved with the denial to participate in the final year Part II BDS examination scheduled to be held by the respondent from 11.03.2015. The denial was only on account of they having not cleared the Part I examinations. The stipulation of the University mandates that only students who have cleared the Part I final year examination could sit for the Part II final year examinations. However fact remains that after the regular Part I examinations, a supplementary examination was conducted by the University only on February 2015. Hence, definitely the results would be published much later.

2. In such circumstance, the petitioners will be permitted to participate in the final year part II examination subject however, to the condition that the

WPC.No.7352/2015 : 2 :

petitioners have applied for the same and also remitted the fees. It is also made clear that the participation so made, as per the directions of this Court, would be subject to the result of the supplementary examinations, in which the petitioners are said to have appeared. Hence, the results of the Part II final examinations would be withheld and would be published only after the result of Part I supplementary examinations are published, if the respective candidate qualify in the supplementary examinations.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge