IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27416 of 2009(V) --------------------------------------- PETITIONER(S): ----------------------- 1. HANNISH P.G, AGED 23 YEARS, S/O.P.C.GOPALAKRISHNAN, RATHEESH NIVAS(PARAYIL HOUSE)PERUNNA PO, CHANGANACHERRY. 2. SHALIS MOHAN R,. AGED 22 YEARS, S/O.M.RAMACHANDRAN, PUSHPANJALI(VALIYAKUZHI HOUSE), MUTTOM PO, HARIPPAD. 3. SUKU JOHN GEORGE, AGED 22 YEARS, S/O.GEORGE K.MATHEW, KADAMBANATTU HOUSE, KANJIRAM PO, KOTTAYAM. 4. SEBIN JOHN,AGED 22 YEARS, S/O.JOHNY SEBASTIAN, EDAKKATTU HOUSE, ELAMCODU PO, KOTTICKAL, KOTTAYAM,. 5. SAJITH VARGHESE PHILIP K, AGED 22 YEARS, S/O.K.V.PHILIP, KOTTAPPALLIL HOUSE, NIRANAM PO, THIRUVALLA, PATHANAMTHITTA. BY ADV. MR.S.RAJEEV RESPONDENT(S): -------------------------- MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REP.BY ITS REGISTRAR. BY MR.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 27416 of 2009-V ------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T Heard Sri.S.Rajeev, 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 are Engineering students. They appeared for various semester examinations conducted by the Mahatma Gandhi University in May/June 2009. They failed in some papers. They have therefore applied for revaluation of their answer scripts. Exts.P1, P2, P3 and P4 are applications for revaluation submitted by petitioners 1 to 4. The application submitted by the fifth petitioner is not produced. The petitioners submit that they had done well in the other semester examinations and have also completed their course of study and that unless their answer scripts 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 and to communicate the result expeditiously. 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 W.P(C) No. 27416 of 2009-V 2 of publication of the results to complete the revaluation process and that the petitioners' answer scripts 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 results within the said period of 81 days, if the application is 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 petitioners' answer scripts and to communicate the result to them within six weeks from the date on which they produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. Sd/- ab P.N.RAVINDRAN, JUDGE