IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 29529 of 2009(I) -------------------------- PETITIONER(S): --------------- ARADHANA, AGED 22 YEARS, D/O.K.K.NAIR, SIVAGANGA HOUSE, VENNALA P.O., KOCHI. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY REGISTRAR. 2. CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM. BY SC SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).29529/2009 ....................... Dated this the 17th day of November, 2009 JUDGMENT The petitioner appeared for the fifth semester B.Com degree (Vocational) examination conducted by the Mahatma Gandhi University in December 2008. The results were published on 18.7.2009. The petitioner again failed in the paper “Corporate Accounting”. He has therefore applied for revaluation of his answer script by submitting Ext.P2 application. He appeared for the supplementary third semester B.Com degree examination conducted in May 2009 and the supplementary fourth semester examination conducted in August 2009. In this writ petition the petitioner seeks expeditious revaluation of his answer script described in Ext.P2 application and also expeditious publication of the results of the third and fourth semester supplementary examination held in May and August 2009 respectively. 2. It is evident from Ext.P1 mark list that the result of the fifth semester examination was published on 18.7.2009. The Mahatma Gandhi University came into existence on W.P.(C).29529/09 2 2.10.1983, the date on which the Mahatma Gandhi University Act came into force. As per Section 99(2) of the said Act, till Ordinances are framed under the Mahatma Gandhi University Act, the Kerala University first Ordinances, 1978 will apply to Mahatma Gandhi University also. As per the provisions in Chapter 6 of the Kerala University First Ordinances, 1978, as in force on 2.10.1983, the period of limitation prescribed for submitting an application for revaluation is 21 days from the date of publication of the results. By an amendment of the Ordinances in the year 1990, the time limit was changed. As per the amended provisions, applications for revaluation have to be submitted either within 15 days from the date of publication of the results or within 10 days from the date of receipt of the mark list. In view of the stipulation in sub section (2) of Section 99 of the Mahatma Gandhi University Act, any amendment to the Kerala University First Ordinances after 2.10.1983 will not apply to the Mahatma Gandhi University. Therefore the unamended provisions of the Kerala University First W.P.(C).29529/09 3 Ordinances alone can govern the Mahatma Gandhi University. Going by the stipulations in unamended Ordinances, the application for revaluation submitted by the petitioner is beyond time. Even going by the amended provisions, the application is belated. I am therefore of the opinion that the respondents are not bound to act on Ext.P2 application for revaluation. 3. As regards the publication of the results of supplementary examinations held in May and August 2009, the learned standing counsel submits that the valuation process is underway and that the results will be published expeditiously. As more than five months have passed after the supplementary examination was held in May 2009 and three months have passed after the supplementary examination was held in August 2009, I am of the opinion that the University should endeavour to publish the results expeditiously, without further delay. I accordingly dispose of this writ petition with a direction to the respondents to take steps to publish the results of the third semester supplementary examination held in May 2009 and fourth W.P.(C).29529/09 4 semester supplementary examination held in August 2009 expeditiously and in any event within three months from today. P.N.RAVINDRAN, Judge mrcs