IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 25577 of 2009(N) -------------------------- PETITIONER(S): --------------- JAISON GEORGE, VENATTU HOUSE, KUNNONNY P.O., KOTTAYAM-686 582. BY ADV. SRI.BABY THOMAS SRI.GIGIMON ISSAC RESPONDENT(S): --------------- 1. CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, KOTTAYAM. 2. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. BY SRI. T.A. SHAJI, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 25577 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2009 J U D G M E N T Hear Sri. Baby Thomas, the learned counsel appearing for the petitioner and Sri. T.A. Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. 2. The petitioner appeared for the 8th semester B.Tech degree examination in Electrical and Electronics Engineering held by the Mahatma Gandhi University in May / June 2009. The results were published in August 2009. The petitioner failed in the paper on Instrumentation. He has therefore applied for revaluation of his answer script by submitting Ext.P2 application and has also paid the requisite fee of Rs.500/-. The petitioner submits that he has been selected for appointment as Trainee in Oil Palm India Limited and that if his answer script in Instrumentation is revalued, he is sure to secure a pass in the said paper. He also submits that unless he produces his pass certificate before Oil Palm India Limited he will loose the offer of appointment given to him. In this writ petition, the petitioner W.P. (C) No. 25577 OF 2009 . : 2 : seeks a writ in the mandamus commanding the respondents to revalue his answer script and to publish the result before the end of September, 2009. 2. Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University submits that petitioner's application cannot be singled out and revalued as it will lead to loss of confidentiality. He also submits that as per the Examination Manual, the University requires 81 clear days from the date of publication of the results to complete the revaluation process. He further submits that the petitioner's application for revaluation will be considered and her answer script revalued, if the application is in order, within the aforesaid period. 4. The Examination Manual is not a statutory regulation. It is a Manual prepared by the University for its guidance. The stipulations in the Examination Manual cannot, in my opinion, operate to the detriment of students. A Division Bench of this Court has in University of Kerala v. Sandhya P. Pai (1991 (1) KLT 812) held that the University should hurry with applications for revaluation without wasting any time and that unless applications for revaluation are expeditiously disposed W.P. (C) No. 25577 OF 2009 . : 3 : of, it will cause serious prejudice to the students. I am therefore of the considered opinion that the University should not wait for the expiry of 81 clear days from the date of publication of the results to complete the revaluation process. Further, the petitioner has stated in categorical terms that he has been offered employment and that he has also secured good marks in all the other papers. I accordingly dispose of this writ petition with a direction to the respondents to complete the revaluation of the answer script described in Ext.P2 and to communicate the result to the petitioner within six weeks from the date on which the petitioner produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. If the petitioner has applied for scrutiny of his answer scrip on Instrumentation and has paid the requisite fee, the controller of Examinations shall make necessary arrangements for scrutiny within ten days from the date on which the petitioner produces a certified copy of this judgment before him. ( P.N. RAVINDRAN, JUDGE) jma