IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25971 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------- 1. JIKKU CELINE GEORGE, S/O.CELINCE GEORGE, KOOVELIKALAPURAKAL(H), TELPHONE EXCHANGE ROAD, VAZHAKULAM, MUVATTUPUZHA. 2. FAHAD SALIM, S/O.AHAMED K.P, GRAND WISH, ELATHUR P.O., CALICUT-673 303. 3. SATYAJITH.P.C, S/O.E.K.SATYANANTHAN, SOUPARNIKA(H) 38/15, 67C NR.GANAPATHY TEMPLE, EDAKKAD P.O., CALICUT-673 005. 4. SARANJOSE, S/O.T.M.JOSEPH, THANICKAPARAMBIL(H), OKKAL, P.O.THANNIPUZHA, PIN-683 550. 5. SREEKANTH.P.T, S/O.SYAMA T.V, SINDOORAM, AMBILY NAGAR, N.F GATE, TRIPUNITHURA, COCHIN, ERNAKULAM-682 301. 6. ROSHAN, S/O. GEORGE JOHN, KOZHIKOOTU(H), METHALA P.O., KURUPPAMPADY, PIN-683 545. 7. SHAFEEQU.V.S, S/O.SADIK ALI, VANIYAPURAYIL(H), GEO GAS ROAD, OLAMATTOM, THODUPUZHA, IDUKKI DISTRICT, PIN-685 584. 8. PRAVEEN.S, S/O.P.N.SASINORAN NAIR, POARNAMI(H), KUTHUKUZHO P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 691. 9. VIVEK VIJAYAN, S/O.N.M.VIJAYAN, ASHIYANA(H), KUMBALAM, PIN-682 506. Kss .2/- ...2..... WPC.NO.25971/2009 N 10. MATHEW P.RAJAN, PADIPPURACKAL(H), MULANTHURUTHY P.O., ERNAKULAM, PIN-682 314. 11. ANTONY REX.M.P, S/O.M.A.PAUL, MENACHERY (H), NARRAKAL P.O., ERNAKULAM DISTRICT, PIN-682505. 12. JIMY JOSEPH, S/O.N.V.JOSEPH, NALAMVELIN(H), KARIMKUNNAM P.O., PLANTATION, THODUPUZHA, PIN-685586. 13. LANCE THANKACHAN, S/O.THANKACHAN M.SEBASTIAN, MUNDUVANUAL(H), AMALAGIRI.P.O., KOTTAYAM. BY ADVS. MR.K.R.MICHAEL, MR.FRANCIS JOSEPH KURISINKAL. RESPONDENT(S): ---------------------------- 1. THE CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. R1 & R2 BY ADV. MR. T.A.SHAJI, SC, M.G.UTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 25971 of 2009-N ------------------------------ Dated this the 15th day of September, 2009. J U D G M E N T Heard Sri.K.R.Michael, the learned counsel appearing for the petitioner and Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. 2. The petitioners appeared for the eighth semester B.Tech. degree examination in Mechanical Engineering conducted by the Mahatma Gandhi University in May/June 2009. The results were published in August 2009. They failed in the paper in Production Engineering. They have therefore applied for revaluation by submitting Exts.P1 to P13 applications. They have also paid the requisite fee for revaluation. The petitioners submit that they have passed all the other semester examinations and that they have also been offered employment. They submit that in such circumstances unless their answer scripts in Production Engineering are revalued expeditiously, they will be put to serious prejudice. In this writ petition the petitioners seek a writ in the nature of mandamus commanding the respondents to revalue their answer scripts as requested in Exts.P1 to P13 applications, within a time limit to be fixed by this Court. W.P(C) No. 25971 of 2009-N 2 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 petitioners' applications 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 scripts and communicate the result within the said period of 81 days, if their applications are 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 complete the revaluation process. I accordingly dispose of this writ petition with a direction to the respondents to complete the revaluation of the answer scripts described W.P(C) No. 25971 of 2009-N 3 in Ext.P1 to P13 and to communicate the result 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. Sd/- P.N.RAVINDRAN Judge //True Copy// PA to Judge ab