FAWAS AJMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) These Writ Appeals are directed against the judgment dated 30/01/2012 in WP (C) No. 34131 of 2011 and other connected petitions filed by the present appellants. All the appellants were the writ petitioners before the learned Single Judge. As the subject-matter of the Writ Petitions was common, they were heard and disposed of by a common judgment. Similarly, all the appeals are heard and disposed of by a common judgment. The brief facts led to filing of the present appeals are as under it is not in dispute, the appellants were admitted to the respondent College for Bachelor of Dental Science (BDS), after securing ranks in the entrance examination conducted by the Commissioner concerned for the year 2010-2011 admissions. The rank list drawn by the Commissioner providing admission of students to Medical Course in different Colleges in the State pertain to Government Owned, Aided and Self Financing Colleges. The Kerala University of Health Sciences, Thrissur ('KUHS', for short) has to conduct public examinations of the appellants and accordingly issue qualification certificates as well as mark lists. At the time of admission of the appellants in 2010, the students were entitled to get grace marks upto a maximum of 10. Going by the existing regulations/syllabus for BDS made known to the appellants and others concerned, the authority concerned may award grace marks upto 10 in theory to students in one or more subjects (maximum of 5 marks per subject) to get a whole pass. The guideline stipulated for pass was that there should be a separate minimum marks of 45% for the University theory, (i.e., 45 marks out of 100) as indicated at Ext. P1, was the claim before the learned Single Judge. It is not in dispute that petitioners/appellants before the learned Single Judge appeared for the first year BDS examination in August, 2011.

(2.) According to the appellants, they have secured separate minimum of 45% marks or more in the University theory as contemplated under Ext. P1 and they have to be declared having passed the first year BDS. But, KUHS has taken the stand that the appellants failed in the first year BDS examination for not having obtained 50% marks in University theory. This obstructs entry of the appellants to second year BDS class on the ground that they have not cleared the first year BDS. Such stand of the University was on account of Ext. P3 order dated 15/11/2011. As the appellants need only 45 marks out of 100 for theory paper, they are entitled to attend the second year classes.

(3.) According to appellants, the stand of the University of 50% marks for theory paper has to come into force for the academic year 2011-2012 onwards and does not apply to the appellants, who joined the BDS course in 2010. As against this, the stand of the University before the learned Single Judge was, the Board of Studies formulated in Dentistry had recommended the regulations, scheme and syllabus for Bachelor of Dentistry, which was placed for approval of the Vice-Chancellor, as the Academic Council was not yet constituted. However, the Vice-Chancellor, exercising the power conferred by sub-section (7) of Section 12 of the Kerala University Health Sciences Act of 2010 (for short, 'the Act'), approved the Regulations, where criteria for pass were indicated. Therefore, as per the said regulations, a candidate should secure minimum of 50% in the University theory, apart from other criteria. According to the University, the regulations were published on the website of the University as early as 10/05/2011, much prior to notifying the examination. Therefore, no prejudice whatsoever was caused to the appellants and the University was justified in applying the criteria for pass as contemplated in the regulations in question for the examination conducted in August and September, 2011. They rely on Ext. R2(a) regulations as brought out specifically for BDS course and according to them, they govern the case on hand.