IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26033 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. HARSHAD.M.,H N L QTRS.NO.B-17/68 NEWSPRINT NAGAR.P.O., VELOOR, KOTTAYAM-686616. 2. ARUN.G.NATH, ERATTAILAMOOTTIL HOUSE, NEAR MISSION HOSPITAL THIRUVALLA, PATHANAMTHITTA DIST. 3. BACHU GEORGE MATHEW, KALLYAWASSERIL, MUTHOOR.P.O., THIRUVALLA, PATHANAMTHITTA. DIST. 4. THOMAS C MATHEW CHALAKUZHY PALLIKADAVIL PALIAKKARA.P.O., THIRUVALLA, PATHANAMTHITTA DIST. 5. NITHIN KRISHNAN, NAVAMI, KAVUMBHAYOM.P.O THIRUVALLA, PATHANAMTHITTA DIST. PIN-689102. 6. GILU KURIAN, IYKKARA HOUSE, KUMARAKOM.P.O., KOTTAYAM. 7. TIJOMON K THOMAS, KOLLARA PUTHENPRAMBU KANNADY.P.O., ALAPPUZHA DIST. BY ADV. SRI.B.K.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. M.G.UNIVERSITY, KOTTAYAM, REP. BY THE REGISTRAR. 2. THE CONTOLLER OF EXAMINATIONS, M.G.UNIVERSITY,KOTTAYAM. BY ADV.SHRI T.A.SHAJI (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26033 OF 2009 -------------------------- Dated this the 16th day of September, 2009 J U D G M E N T Heard Sri. B.K.Gopalakrishnan, the learned counsel appearing for the petitioners and Sri. T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. 2. The petitioners appeared for the 8th semester B.Tech examination in Mechanical Engineering held in May-June 2009 by the Mahatma Gandhi University. The results were declared in August 2009. The petitioners failed in one paper each in the 8th semester examination. They have therefore applied for revaluation of the said papers. The details thereof are given in page 3 of the writ petition. Some among the petitioners have also applied for revaluation of their answer scripts in the supplementary examinations in respect of the previous semesters. The said details are also given in the table at page 3 of the writ petition. The petitioners submit that if their answer scripts are revalued they are sure to secure a pass and that unless their answer scripts are revalued expeditiously, their career prospects will be adversely affected. In this writ petition the petitioners seek a writ in the nature W.P.(C) No. 26033/09 2 of mandamus commanding the respondents to re-valuate their answer scripts and to communicate the results expeditiously and within a time limit to be fixed by this Court. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioners' applications 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 petitioners' applications for revaluation will be considered and the answer scripts revalued, if their applications are 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 W.P.(C) No. 26033/09 3 expeditiously disposed of, it will cause serious prejudice to the students. I am therefore of the considered opinion that University should not wait for the expiry of 81 clear days from the date of publication of the results to complete the revaluation process. I accordingly dispose of this writ petition with a direction to the respondents to complete the revaluation of the answer scripts described in Exts. P1 to P7 applications and to communicate the results to the petitioners within six weeks from the date on which the petitioners produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. The petitioners shall, in order to enable the respondents to act as directed above, produce a certified copy of this judgment along with a copy of this writ petition complete in all aspects, before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 26033/09 4