IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25841 of 2009(A) -------------------------------------- PETITIONER(S): --------------------- BINDYA.B., D/O.S.BALAKRISHNAN, AGED 22, RESIDING AT PUTHENMADOM, WEST GATE, VAIKOM. BY ADV. SMT.R.RANJINI RESPONDENT(S): ------------------------ 1. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REP. BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. M.A. COLLEGE OF ENGINEER, KOTHAMANGALAM, REP. BY ITS PRINCIPAL. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 25841 of 2009 - A ---------------------------------------- Dated 14th September, 2009 Judgment Heard Smt.R.Ranjini, the learned counsel appearing for the petitioner and Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University. In the nature of the order I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner appeared for the eighth semester B.Tech. examination in Computer Science held by the Mahatma Gandhi University in May/June, 2009. She had passed all the other seven semester examinations. The results of the eighth semester examination were published in August, 2009. The petitioner failed in the paper 'Artificial Intelligence'. She has therefore applied for revaluation of the said answer script by submitting an application on 10.9.2009. She says that the requisite fee has also been paid. This writ petition is filed seeking a writ in the nature of mandamus commanding the Mahatma Gandhi University to revalue her answer script expeditiously on the ground that she has been offered W.P.(C) No.25841/2009 2 admission for the M.B.A. degree course in S.B. College, Changanassery. 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 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 should not wait for the expiry of 81 clear days from W.P.(C) No.25841/2009 3 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 'Artificial Intelligence' and to communicate the result to her within six weeks from the date on which the petitioner produces a certified copy of this judgment before him. In the light of the directions issued by this Court herein, I am sure that the authorities of S.B. College, Changanassery will grant the petitioner time till the result of revaluation is communicated to her to produce the eighth semester mark list. P.N.RAVINDRAN Judge vaa