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2009 Supreme(Online)(KER) 36702

HIGH COURT OF KERALA
V.GIRI, J
ROSHINY KRISHNAN.V – Appellant
Versus
KANNUR UNIVERSITY – Respondent


Advocates:
SRI.A.K.SRINIVASAN, SRI.VINODKUMAR, SRI.JIMMY GEORGE, SRI.A.S.BENOY, SRI.M.SASEENDRAN, SC, KANNUR UNIVERSITY

JUDGMENT

Petitioners are students of BDS Course in the 2nd respondent/College. They commenced the Course during the academic year 2007-08 and gave their 1st year examination in October-November, 2008. Normally, the results would have to be published within 45 days. It seems that there was undue delay on the part of the University in publishing the results which was done only in the month of April 2009. In the meanwhile, petitioners started attending the 2nd years classes. It turns out that when the results of the 1st year examination were published, they failed in two papers. The regulations prohibit the students from prosecuting the 2nd year, if they fail in two or more subjects. They can carry over only one paper. This writ petition has been filed seeking appropriate directions to the University and the College to permit the petitioners to attend the classes of the 2nd year BDS Degree course till the publication of the results of the 1st year supplementary examination that is scheduled to be held shortly.

W.P.(C).21458/09

2. Learned counsel for the University submits that since the regulations relating to the BDS Course permit the students of the 1st year to carry over only one subj

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