IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 29416 of 2009(V) -------------------------------------- PETITIONERS: --------------------- 1. AMALKUMAR.K.K., AGED 27 YEARS, S/O.K.K.KUMARAN, KANNAMKULANGARA, POOVAMCHIRA P.O., TRICHUR-680 652. 2. AJI PRASAD.R., AGED 27 YEARS, S/O.P.RAVEENDRAN NAIR, KOCHUPURACKAL, VELIYANADU P.O., CHANGANACHERRY, PIN-689 590. BY ADV. MR.S.SUDHISH KUMAR. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR, ATHIRAMPUZHA P.O., KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA P.O., KOTTAYAM. R1 & R2 BY MR. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29416 of 2009 - V ---------------------------------------- Dated 19th October, 2009 Judgment Heard Sri.S.Sudheeshkumar, the learned counsel appearing for the petitioners and Sri.T.A.Shaji, the learned standing counsel appearing for the respondents. 2. The petitioners appeared for the third semester supplementary B.Tech. degree examination in Polymer Engineering conducted by the Mahatma Gandhi University in May, 2009. The results were published towards the end of September, 2009. The petitioners again failed in one paper each. They have therefore applied for revaluation of their answer scripts by submitting Exts.P1 and P3 applications. Exts.P2 and P4 disclose that they have paid the requisite fee for revaluation. The petitioners submit that they have completed their course of study and have passed all the other semester examinations. The petitioners submit that they had done well in the examination and that they are sure to secure a pass if their answer scripts are revalued. It is also stated that W.P.(C) No.29416/2009 2 the supplementary examination is scheduled to be held on 1.12.2009 and if, before the date fixed for registration to appear for the said examination, their answer scripts are revalued and the results communicated to them, they need not appear for the supplementary examination if they secure a pass in the third semester examination. On these grounds, the petitioners seek a writ in the nature of mandamus commanding the respondents to take steps to have their answer scripts revalued and to publish the results before 20.11.2009. 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 petitioners' applications for revaluation will be considered and their answer scripts revalued, if their applications are 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 W.P.(C) No.29416/2009 3 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 take steps to have the answer scripts described in Exts.P1 to P3 applications revalued and to communicate the results to the petitioners within six weeks from the date on which the petitioners produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN Judge vaa