IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26164 of 2009(M) ----------------------------------------- PETITIONER(S): -------------------------- AMRITA, S/O.LILLY BALAKRISHNAN, THAIPARAMBATH HOUSE, LOKAMALESWARAM P.O., KODUNGALLOOR-680 664. BY ADVS. MR.A.JAYASANKAR, MR.MANU GOVIND, SMT.B.MEERA. RESPONDENT(S): --------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, P D HILLS P.O., KOTTAYAM-686 560. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, P D HILLS P.O., KOTTAYAM-686 560. R1 & R2 BY ADV. MR. T.A. SHAJI, SC, MG UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26164 of 2009-M ------------------------------ Dated this the 17th day of September, 2009. J U D G M E N T Heard Smt.B.Meera, 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 8th semester B.Tech. Degree examination in Computer Science and Engineering held in May/June, 2009 by the Mahatma Gandhi University. The results were published in August 2009. The petitioner failed in the paper "Principles of Programming Languages". She has therefore applied for revaluation of her answer script by submitting Ext.P3 application dated 9.9.2009. She has also paid the requisite fee as can be seen from Ext.P4. The petitioner submits that she has passed all the other semester examinations and all the other papers of 8th semester examination. She submits that she is sure to secure a pass if her answer script is revalued and that she has been offered appointment in Infosys Technologies Limited, Bangalore. The petitioner submits that in these circumstances, unless her answer script in "Principles of Programming Languages" is revalued, she will be put to serious prejudice. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the W.P(C) No.26164 of 2009-M 2 respondents to revalue her answer script in "Principles of Programming Languages" and to communicate the result to her 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 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 petitioner's answer script 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 script and communicate the result within the said period of 81 days, if her application is 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 W.P(C) No.26164 of 2009-M 3 complete the revaluation process. I accordingly dispose of this writ petition with a direction to the respondents to revalue the petitioner's answer script in "Principles of Programming Languages" and to communicate the result to her within six weeks from the date on which she produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab