IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 28173 of 2009(N) --------------------------------------- PETITIONERS: --------------------- 1. NOORUDEEN. T.Y, S/O. M.O.YOUSUF ALI, AGED 22 YEARS,THEMPADATH HOUSE, TASS ROAD, ALUVA. 2. ARAFATH ALI.P.M, S/O. MUHAMMED ALI, AGE 23 YEARS, PATTARUMADOM HOUSE, CHITHRA LANE, ALUVA-683 101. BY ADV. MR.B.N.SHIVA SANKAR. RESPONDENTS: ------------------------ 1. THE CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. R1 & R2 BY MR. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.28173 of 2009 - N ---------------------------------------- Dated 7th October, 2009 Judgment Heard Sri.B.N.Shiva Shanker, the learned counsel appearing for the petitioners and Sri. T.A.Shaji, the learned standing counsel appearing for the respondents. 2. The first petitioner appeared for the eighth semester B.Tech. degree examination in Applied Electronics & Instrumentation conducted by the Mahatma Gandhi University in May/June, 2009. The results were published in August, 2009. He failed in the paper 'Embedded System'. He has therefore applied for revaluation of his answer script in the said paper by submitting Ext.P2 (a) application. It is stated that the requisite fee has also been paid. The second petitioner appeared for the combined first and second semester supplementary examination held in April, 2009. The results of the said examination were also published in August, 2009. He again failed in the paper in 'Engineering Graphics'. He has therefore applied for revaluation of his answer script in the said paper by submitting Ext.P3 (a) application. It is stated that the requisite fee has also been paid. The petitioners W.P.(C) No.28173/2009 2 submit that if their answer scripts are revalued, they are sure to secure a pass and that unless their answer scripts are expeditiously revalued, they will be put to serious prejudice. In this writ petition, the petitioners pray for a writ in the nature of mandamus commanding the respondents to revalue their answer scripts and to communicate them the results expeditiously. 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 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 W.P.(C) No.28173/2009 3 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.P2 (a) and P3 (a) 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