IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 28648 of 2009(A) -------------------------- PETITIONER: --------------- JAHFAR MOOLATHIL, AGED 25 YEARS, S/O.ABDUL RAZACK, ANSHI MANZIL, PANTHARANGADI P.O., THIRURANGADI, MALAPPURAM DISTRICT, PIN-676 306. BY ADV. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.SREEJITH V.S. RESPONDENTS: --------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, REP.BY ITS VICE CHANCELLOR. 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 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------------ W.P.(C)No.28648 of 2009 ----------------------------------------- Dated this the 12th October, 2009 JUDGMENT Heard Sri.P.Fazil, 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 fifth semester B.Tech Degree Examination in Civil Engineering conducted by the Mahatma Gandhi University in May, 2009. The results were published in August, 2009. The petitioner again failed in the paper 'Structural Analysis II'. The petitioner has therefore applied for revaluation and scrutiny of his answer script in the said paper by submitting Exts.P1 and P3 applications. It is stated that the requisite fee has also been paid. The petitioner submits that he had done well in the examination and that he is sure to secure a pass if his answer script is revalued. It is stated that he has been appointed as an Engineer in a private concern subject to his producing proof of having passed the B.Tech Degree examination and that unless his answer script is expeditiously revalued he will be put to serious prejudice. In W.P.(C)No.28648 of 2009 2 this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script and to communicate the result to him expeditiously. 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 the 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, 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 application for revaluation without wasting any time and that unless applications for revaluation are expeditiously disposed of, it will W.P.(C)No.28648 of 2009 3 cause serious prejudice to the student. 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. 5. 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 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. The Controller of Examinations shall, within ten days from the date on which the petitioner produces a certified copy of this judgment before him, also make arrangements for scrutiny of the answer script referred to in Ext.P3 application. P.N.RAVINDRAN, JUDGE skj.