IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 27724 of 2009(I) -------------------------- PETITIONERS: --------------- 1. RAJESH P.K., PERUSSERIYIL HOUSE, MUTTOM P.O., THODUPUZHA, IDUKKI DISTRICT-685587. 2. GIJO PAUL, VENGACHUVATTIL HOUSE, VANNAPPURAM P.O., AMBALAPPADY, THODUPUZHA, IDUKKI DISTRICT-685582. BY ADV. SRI.B.K.GOPALAKRISHNAN RESPONDENTS: --------------- 1. MAHATMA GANDHI UNIVERSITY, KOTTAYAM REPRESENTED BY THE REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY SRI. T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27724 OF 2009 -------------------------- Dated this the 5th day of October, 2009 J U D G M E N T tHeard Sri. B.K.Gopalakrishnan, the learned counsel appearing for the petitioners and Sri. T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. 2. The petitioners appeared for the 8th semester B.Tech degree examination in Electronics and Communication Engineering held in May-June 2009 by the Mahatma Gandhi University. The results were declared in August 2009. The petitioners failed in the paper VHDL of the 8th semester examination. They have therefore applied for revaluation of their answer scripts by submitting Exts.P1 and P2 applications. It is submitted that the applications were submitted in time and that the requisite fee has also been paid. The petitioners submit that unless this Court directs expeditious revaluation of their answer scripts, it is likely to be delayed. In this writ petition the petitioners seek a writ in the nature of mandamus commanding the respondents to revalue their answer scripts and to communicate the results to them expeditiously, within a time limit to W.P.(C) No. 27724/09 2 be fixed by this Court. 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 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 University W.P.(C) No. 27724/09 3 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 in Exts. P1 and P2 applications 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 vps