IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27671 of 2009(D) ----------------------------------------- PETITIONER(S): ------------------------- ANSA MOHAMMED ASHRAF, AGED 23, D/O.LATE MOHAMED ASHRAF, B.TECH STUDENT OF SREE NARAYANA MANGALAM INSTITUTE OF MANAGEMENT AND TECHNOLOGY, MALIANKARA, ERNAKULAM. BY ADVS. MR.PRAVEEN K. JOY, MR.ADEEP ANWAR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, KOTTAYAM. 3. THE CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, MOTTAYAM. R1 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH R2 & R3 BY ADV. MR. T.A. SHAJI, SC, M.G.UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27671 of 2009 - D ---------------------------------------- Dated 6th October, 2009 Judgment Heard Sri.Praveen K. Joy, the learned counsel appearing for the petitioner and Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. In the nature of the order that I propose to pass, it is not necessary to issue notice to and hear the first respondent. 2. The petitioner appeared for the eighth semester B.Tech. degree examination in Computer Science and Engineering conducted by the Mahatma Gandhi University in May/June, 2009. She had also appeared in the supplementary fourth semester B.Tech. degree examination conducted in May, 2009. The results of the fourth semester supplementary examination and the eighth semester examination were published on various dates in August, 2009. Though the petitioner passed the eighth semester examination, she failed in the paper 'Integrated Circuits' of the fourth semester W.P.(C) No.27671/2009 2 supplementary examination. She has therefore applied for revaluation of her answer script in the said paper by submitting Ext.P1 application. The petitioner states that if her answer script in 'Integrated Circuits' is revalued, she is sure to secure a pass and that she has also been offered employment. On these grounds, the petitioner seeks a writ in the nature of mandamus commanding respondents 2 and 3 to revalue her answer script in 'Integrated Circuits' for which she had appeared in the fourth semester supplementary B.Tech. degree examination conducted in May, 2009. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioners' answer scripts 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 W.P.(C) No.27671/2009 3 script revalued, if her 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 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.P1 application and to communicate the result to the petitioner within six weeks from the date on which W.P.(C) No.27671/2009 4 the petitioner produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN Judge vaa