IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26924 of 2009(I) ------------------------------- PETITIONERS: ---------------- 1. TOM SANTY, ROTTANIKATT HOUSE, KOTHAMANGALAM P.O. 2. NIKHILRAJ, MARINGATTU HOUSE, NR. KSRTC JUNCTION, THODUPUZHA P.O.- 685 584. 3. GOPINATH NADAGOPAL, SRI KRISHNA BHAVAN, KRISHNAPURATH LANE, NR. KSRTC STAND PERUMABVOOR. 4. SHAKIN GEORGE, KANDATHIL, MADAKATTHANAM P.O., KOCHANGADI, VAZHAKULAM. 5. JEFFRY JOSE, MANGALY HOUSE, THURAVOOR P.O., ANGAMALY. 6. AKHIL BASHI, MELETH HOUSE, PULLINDANAM P.O., MUVATTUPUZHA. 7. EBIN P, ENCHAKAL HOUSE, KUTTUKUZHI P.O., KOTHAMANGALAM. 8. PRAVIN MATHEWS KOSHY, PUTHANVEETIL HOUSE, PRASAD NIKETAN, ELENTHOOR P.O., PATHANAMTHITTA. 9. SAKKU JACOB, KUZHIVELITHADAM, MUTTHOLAPURAM, ELENJI. BY MR.T.J.MICHAEL, ADVOCATE. MR.JOSE MATHEW (KAVALAKALAM), ADVOCATE. WP(C).No. 26924/2009 ...2... RESPONDENTS: ------------------ 1. MAHATMA GANDHI UNIVERSITY, KOTTAYAM REP. VICE CHANCELLOR. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERISTY, KOTTAYAM. BY MR. T.A. SHAJI, SC, M.G. UNIVERISTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. --------------------------------------- W.P.(C) No.26924 OF 2009 --------------------------------------- Dated this the 24th day of September, 2009. J U D G M E N T Heard Sri.T.J.Michael, 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 eighth semester B.Tech Degree examination in Electrical and Electronics Engineering conducted by the Mahatma Gandhi University in May/June 2009. The results were published in August 2009. The petitioners failed in various papers of the eighth semester examination. They have therefore applied for revaluation of their answer scripts by submitting Exhibits P2, P5, P8, P11, P14, P17, P20, P23 and P26 applications. They have also paid the requisite fee. 3. The petitioners submit that they have passed all the other semester examinations and that if their answer scripts are revalued they are sure to secure a pass in the eighth semester examination. They also submit that they have been offered W.P.(C) No.26924/2009 2 employment and that unless their answer scripts are revalued expeditiously, they will be put to serious prejudice. In this writ petition, the petitioners seek a direction to the respondents to revalue their answer scripts expeditiously. 4. 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' application for revaluation will be considered and their answer scripts revalued, if the applications are in order, within the aforesaid period. 5. 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 W.P.(C) No.26924/2009 3 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 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 Exhibits P2, P5, P8, P11, P14, P17, P20, P23 and P26 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 smp