Students awaiting the results of a supplementary examination have the right to appear in subsequent examinations provisionally to avoid irreparable loss.

J U D G M E N T

MOHANAN, J.

As we are inclined to dispose of all the above writ appeals, in which the grievances of the appellants are common in nature, by issuing a direction to the M.G.University authorities, for whom notice is taken by its Standing counsel, notices to the other respondents in the above writ appeals are dispensed with.

2. When the above writ appeals came up for admission, we have already issued an interim order in favour of the appellants, permitting them to appear for the 4th year examinations for the B.Pharm Course conducted by the M.G.University which is scheduled to begin on

25.4.2014 or on any other deferred date.

3. As the grievances of the appellants in the above appeals are similar in nature, and the factual matrix and the contentions are similar, the above appeals are heard together and being disposed of by this common judgment.

4. The appellants are the students, who have completed B.Pharm Degree Course in various colleges under the M.G.University during the academic year 2009- 2013. The total period of the course is 4 years and as per the regulation only, the student, who had successfully passed the 1st year examination, can appear for the 3rd year examination and similarly, the student, who had passed the 2nd year examination, can appear for the 4th year examination. The case of the appellants is that they could not acquire the pass marks in the 2nd year B.Pharm regular examination and therefore, they have already appeared for the supplementary examination for the 2nd Year conducted during the 1st week of March 2014 and they are awaiting the result of such supplementary examination. But, in the meanwhile, the University has scheduled the 4th year examination, which is stated to be begun from 25.5.2014 onwards. According to the appellants, as they have not passed the 2nd year examination, the University authorities are not likely to permit them to appear for the 4th year examination and therefore the appellants approached this Court initially by filing separate writ petitions with the prayer to permit them to appear in the 4th Year Examination and with incidental prayers, but the same are dismissed by the learned single Judge by the impugned common judgment dated 7.4.2014 and hence, the present writ appeals.

5. We have heard the learned counsel for the appellants, the learned Government Pleader as well as the learned Standing counsel for the University, the Controller of the Examination and the Vice Chancellor of the M.G.University.

6. The respondent-University and the other respondents have no contention that the appellants are otherwise disqualified to appear for the 4th year Examination and their objection is only on the ground that the appellants have not passed the 2nd year B.Pharm Examination. But it is relevant to note that, the facts that all the appellants have appeared for the 2nd year supplementary Examination held during the 1st week of March 2014 as permitted by the University and they are awaiting the results thereof, are not disputed by the official respondents. We are of the opinion, that whether the appellants are appearing for the supplementary examination of the 2nd year B.Pharm for the first time or for subsequent occasion, are not grounds to deny their right to appear for the Final Year examination, in case they successfully come out in the supplementary examination of the 2nd year B.Pharm. We find no fault with the appellants in not declaring the result of 2nd year supplementary examination held during the first week of March 2014. In case the results of such examination are in favour of them and the 4th year examination is conducted without giving opportunity to them to appear for such examination, they will be put in irreparable loss and hardship for not their fault and such a loss cannot be compensated.

7. We are of the view that, as observed by the learned Single Judge, this court will not be justified, either in directing the University authorities to declare the result of the