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2010 Supreme(Online)(KER) 21929

HIGH COURT OF KERALA
ANTONY DOMINIC, J
CHINTHUMA SUBHASH.M.K & OTHERS – Appellant
Versus
THE REGISTRAR,CALICUT UNIVERSITY – Respondent


Advocates:
SRI.A.MOHAMED MUSTAQUE, SMT.LAKSHMI RAJAN, SRI.P.C.SASIDHARAN, SRI.P.SANTHOSH (PODUVAL), SRI.SAJEEV KUMAR K.GOPAL

J U D G M E N T

Petitioners are BDS students in the third respondent college. In the second year examination, they failed in one paper each. They were not permitted to attend the third year classes. At that stage, they approached this Court by filing this writ petition.

2. At the stage of admission, this Court passed order dated 05-03-2010, directing the respondents to permit the petitioners to continue their studies in third year. It was ordered that they will not be allowed to appear for the examination.

3. Petitioners now submit that, after the interim order was passed, they appeared for the supplementary examination of the failed subject of the second year and that the University has not declared their results. According to them, the third year examination is to commence on 15-11-

2010 and the University is not accepting their application on the ground that as per the regulations of the University, petitioners were ineligible to have attended the third year classes without passing all subjects of the second year. It is with this grievance, this writ petition is brought up for final hearing. Counsel for the petitioners mainly relied on Ext.P4 Regulations of the DCI which, according

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