IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27178 of 2009(N) --------------------------------------- PETITIONER(S): ---------------------- ROHIT. R.K, S/O.RAVINDRANATHA KINI, 2/103, VAISHNAVAM, THIRUVANKULAM P.O., COCHIN, ERNAKULAM. BY ADV. MR.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO THE GOVT., EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANDAPURAM. 2. THE REGISTRAR, MAHATHMA GANDHI UNIVERSITY, KOTTAYAM. R1 BY GOVERNMENT PLEADER R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27178 of 2009 - N ---------------------------------------- Dated 25th September, 2009 Judgment Heard Shajimon T.B., 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 seventh semester B.Tech. degree examination in Applied Electronics and Instrumentation Engineering conducted by the Mahatma Gandhi University in November, 2008. He failed in three papers. He therefore appeared again for the said papers in the supplementary seventh semester examination held in May, 2009. The results were published. He again failed in the paper 'Biomedical Instrumentation' In the meanwhile, he had also appeared and passed the eighth semester examination which was held in May/June, 2009 and the results of which were also published in August, 2009. The petitioner has therefore submitted Ext.P2 application for revaluation of his answer script in the paper 'Biomedical Instrumentation' for which he had appeared in the supplementary seventh semester examination held in May, 2009. The petitioner submits that he has also paid the W.P.(C) No.27178/2009 2 requisite fee and that unless his answer script in 'Biomedical Instrumentation' is revalued and the results communicated to him expeditiously, he will be put to serious prejudice. The petitioner also states that he has been offered appointment as Software Engineer in Infosys Technologies Limited and that if his answer script is revalued, he is sure to secure a pass. In this writ petition, the petitioner seeks a direction to the respondents to revalue his answer script in 'Biomedical Instrumentation'' and to communicate the result 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 petitioner's answer script 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 his 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, W.P.(C) No.27178/2009 3 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 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. 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 application and to communicate the results 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. P.N.RAVINDRAN Judge vaa