IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27546 of 2009(K) -------------------------- PETITIONER(S): --------------- SUDEEP VARGHESE CHANDY, VADAKKEKARA, MUTTAMBALAM P.O., KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM REP.BY IT'S REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM. STANDING COUNSEL SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27546 OF 2009 -------------------------- Dated this the 1st day of October, 2009 J U D G M E N T Heard Sri. K.Gopalakrishna Kurup, 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 supplementary 6th semester B.Tech degree examination in Electronics and Communication held in April-May 2009 by the Mahatma Gandhi University. Thereafter he appeared for the 8th semester B.Tech degree examination held in May 2009. The results of both examinations were published in August 2009. The petitioner passed the 8th semester B.Tech degree examination but failed in the paper “Control System” of the supplementary 6th semester B.Tech degree examination. The petitioner has therefore applied for revaluation of his answer script in “Control System” by submitting Ext.P1 application. The petitioner has also paid the requisite fee prescribed for revaluation, as can be seen from Ext.P2. The petitioner submits that he has applied for appearing in the common admission test for the purpose of joining W.P.(C) No. 27546/09 2 the MBA course. The petitioner submits that if his answer script in “Control System” is revalued, he is sure to secure a pass. He submits that if his answer script is not revalued expeditiously, he will be disabled from appearing for the common admission test which is scheduled to be held on 5.12.2009. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script expeditiously 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 his 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 W.P.(C) No. 27546/09 3 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 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 Exts.P1 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. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 27546/09 4