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Judgment
Sathish Ninan, J.
This writ petition is at the instance of students in Pharm-D course under the first respondent University. They belong to the 2019 year batch. They have completed the third year of the course. To join for the 4th year, as per the University regulations, they are bound to clear all the papers of the first and second years. The respective petitioners have failed at least in one subject in either of the years. Hence, they are not being promoted to attend the 4th year classes. Due to the Covid-19 Pandemic, there occurred delay in conducting of the examinations. Thereafter, the petitioners were required to appear for many exams within a span of one year. Therefore, they were unable to prepare properly. They seek for relaxation of the regulation and for permission to attend the 4th year classes provisionally.
Heard Sri.T.P.Pradeep, learned counsel for the petitioners, Sri.P.Sreekumar, learned Standing Counsel for the University, learned Assistant Solicitor General on behalf of Pharmacy Council and Sri.George Jacob Jose on behalf of the College.
The relevant provision of the University Regulations, 2017, reads as under:-
“1.18. Criteria for promotion to next year:-
All the students of Pharm D. course who have registered for all the papers in the annual regular examinations, shall be permitted to attend the classes of the next higher year, on condition that he/she shall have to discontinue the studies in the higher year, if he/she fails in more than two subjects of the lower year even after the 1st supplementary examination available for him/her for that particular year.
Explanation :- The failed students of regular examinations are eligible to appear for the 1st supplementary examinations in the failed papers, and if they pass in the failed papers, they are eligible to continue with the original batch without losing additional six months. However, if the student has more than two failed papers of the 1st year, even after the 1st supplementary examination, he/she shall have to discontinue the 2nd year studies and considered as not promoted to 2nd year.
A student after first year supplementary examination can carry two or less than two subjects of the first year to the second year and continue with the second year. Failure in more than two subjects shall keep the student with the succeeding regular batch.
For promotion to third year the candidate should have cleared all the first year papers and for promotion to fourth year he/she should clear all the papers in the 2nd year and so on. Before registering for the fifth year exam, the candidate should have cleared all the papers of the past years. Only after the passing of all the papers including the fifth year the students are eligible for internship.
Attendance will be counted for each year from day one only when the candidate is qualified to be promoted to that year.”
It is not in dispute that, as per the Regulation, to attend the 4th year of the course, the petitioners have to clear all the papers of the first and second years. It is noticed that, with regard to the first year, the examinations(mains) were conducted in February, 2021 followed by supplementary exams in August, 2021 and June, 2022. As regards the second year, the main examinations were held in November, 2021 and was followed by examinations in May, 2022 and October, 2022. Hence it cannot be contended that the petitioners did not get adequate opportunity.
The petitioners further contend that, relaxation was granted by the Pharmacy Council and the University with regard to B-Pharm students and the same benefit is to be extended to them. The learned counsel on behalf of the Pharmacy Council submits that, exemption was granted to B-Pharm students without it being a precedent and on the factual situation obtaining therein.
Though the petitioners would contend that consequent on the Covid-19 Pandemic, examinations were not being conducted regularly and it disabled them from properly preparing for the examination, as noticed above, they had sufficient time to make preparations. The Pharmacy Council is also not in favour of relaxing the Regulations any further.
The learned counsel for the University would point out that, the classes for the fourth year had commenced and if the petitioners are now permitted to attend the same, it would result in shortage of attendance thus disabling them from appearing for the next examinations.
Considering all the facts as above, I don’t think that any interference by this Court is warranted.
Resultantly, this writ petition fails and is accordingly dismissed.