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. 26657 of 2009(B) -------------------------------------- PETITIONER: ------------------- JOBBY JOSE, NADUVILEDATH HOUSE, ANCHALPETTY (P.O), PAMPAKUDA, ERNAKULAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENTS: ------------------------- 1. THE MAHATMA GANDHI UNIVERSITY - REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ```````````````````````````````` W.P.(C) No. 26657 of 2009 B ````````````````````````````````` Dated this the 23rd day of September, 2009 J U D G M E N T Heard Smt.Pooja Surendran, 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 eighth semester B.Tech degree examination in Computer Science and Engineering conducted by the Mahatma Gandhi University in May-June 2009. The results were published in August 2009. The petitioner failed in the paper “Security in Computing Code-A”. He has, therefore, applied for revaluation of his answer script in the said paper on 14.9.2009. He has also paid the requisite fee as can be seen from Ext.P1. The petitioner submits that he has passed all the other semester examinations and the other papers of the eighth semester examination and that he has got appointment as Software Engineer in a private firm at Bangalore. The petitioner submits that unless his answer script in the paper “Security in Computing Code-A” for which he had appeared for the eighth semester examination is expeditiously revalued and the results communicated to WPC.26657/09 : 2 : him, he will be put to serious prejudice. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script in “Security in Computing Code-A” for which he had appeared in the eighth semester examination held in June 2009 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 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 Vs. 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 WPC.26657/09 : 3 : disposed of, it will cause serious prejudice to 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 petitioner's answer script in 'Security in Computing Code - A' for which he had appeared in the eighth semester examination held in May - June, 2009 and to communicate the result to him, within six weeks from the date on which he produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. (P.N. RAVINDRAN, JUDGE) aks