IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26552 of 2009(L) --------------------------------------- PETITIONER(S): ----------------------- 1. KIRAN JOSEPH,S/O.JOSE JOSEPH,KUDAKASERIL KANJIKUZIL,K.K.ROAD,KOTTAYAM. 2. LIJO ABRAHAM PUNNOOSE,S/O.K.A.PUNNOOSE, KOTTICHALIL HOUSE,ERAVIPEROOR,TIRUVALLA, PATHANAMTHITTA. 3. BONNEY J POOMATTAM,POOMATTAM HOUSE, KATTAPPANA.PO,IDUKKI,685 508. 4. DILIP.K.R,S/O.K.S.RADHAKRISHNAN NAIR, KAROTTU ELUKUNNEL HOUSE, KARUNECHY,UZHAVOOR.PO, KOTTAYAM,PIN-686634. 5. DON SOJAN,S/O.SOJAN SCARIA,ELAPPUNKAL HOUSE, NEDUMKUNNAM.P.O,KOTTYAM DIST.PIN-686542. 6. ARUN MOHAN,S/O.MOHAN JOHN,THUNDATHIL HOUSE,KUMARAKOM,KOTTAYAM-686563. 7. PALY PAUL VARGHESE,S/O.VARGHESE PAUL, KACHAPPILLY(H)OPP KANCOR ANGAMALY SOUTH.PO, ERNAKULAM-683513. BY ADVS.MR.K.R.MICHAEL MR.FRANCIS JOSEPH KURISINKAL RESPONDENT(S): ------------------------- 1. THE CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,MAHATMA GANDHI UNIVERSITY. BY MR.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ------------------------------- W.P.(C)No.26552 of 2009-L -------------------------------- Dated 23rd September, 2009 JUDGMENT Heard Sri.K.R.Michael, the learned counsel appearing for the petitioner 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 Degree examination in Mechanical Engineering held in May/June, 2009 by the Mahatma Gandhi University. The results were published in August 2009. All the petitioners failed in one paper namely "Production Engineering". The seventh petitioner failed in yet another paper namely Dynamics of Machinery. They have therefore applied for revaluation of their answer scripts by submitting Exts.P1 to P7 applications. It is submitted that they have also paid the requisite fee. The petitioners submit that unless their answer scripts are expeditiously revalued, they will be put to serious prejudice. In this writ petition, the petitioners seek a writ in the nature of mandamus commanding the respondents to revalue their answer scripts and to publish the results within one month. 3. Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University submits that as per the stipulations in the Examination Manual, the University requires 81 clear days from the date of publication of the results to complete the revaluation process and that the petitioners' answer scripts cannot be singled out and revalued as it will lead to loss of confidentiality. He also submits that the University will revalue the petitioners’ answer scripts and communicate the result within the said period of 81 days, if their applications are otherwise in order. 4. The Examination Manual is not a statutory regulation. It is only 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 petitioners’ answer scripts and to communicate the results to them within six weeks from the date on which they produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge