IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26330 of 2009(I) ------------------------------------ PETITIONER: ---------------------- JEETHU VIJAYAN,S/O.K.VIJAYAN,SREEVILAS, NEAR VISHNU-SIVA TEMPLE,MARIAPPALLY(PO), KOTTAYAM-23. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENTS: --------------------- 1. MAHATHMA GANDHI UNIVERSITY,REPRESENTED BY ITS REGISTRAR,KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY,KOTTAYAM. SHRI T.A.SHAJI, STANDING COUNSEL FOR MG UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.26330 of 2009 - I ---------------------------------------- Dated 18th September, 2009 Judgment Heard Sri. C.E.Unnikrishnan, 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 Mechanical Engineering conducted by the Mahatma Gandhi University in May/June, 2009 with register No.4031. The results were published in August, 2009. The petitioner failed in the paper on ‘Production Engineering’. He has therefore applied for revaluation of his answer script in the said paper by submitting the original of Ext.P2 application. He has also paid the requisite fee of Rs.500/- as can be seen from Ext.P3. The petitioner submits that he has passed all the other semester examinations with good marks and that he has also been offered admission for the MBA course. He submits that he is sure to secure a pass if his answer script in ‘Production Engineering’ is revalued. He also submits that in these circumstances, unless his answer script in ‘Production Engineering’ is expeditiously revalued and the results communicated to him, he will be put to serious prejudice. W.P.(C) No.26330/2009 2 This writ petition is filed seeking a direction to the respondents to expeditiously revalue his answer script in ‘Production Engineering’ for which he had appeared in the 8th semester examination held in May/June, 2009 and to communicate the results expeditiously. 3. Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University submits that petitioner's application 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 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 applications for revaluation without wasting any time and that unless applications for revaluation are expeditiously disposed of, it will cause serious W.P.(C) No.26330/2009 3 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 petitioner's answer script described in Ext.P2 application and to communicate the results to him within six weeks from the date of receipt of a certified copy of this judgment. The petitioner shall, in order to enable the University to act as directed above, produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN Judge vaa