IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26029 of 2009(W) -------------------------- PETITIONERS: --------------- 1. ABHIJITH.K.A. AGED 22 YEARS, S/O. K.A.ANIRUDHAN, SIVANANDANAM HOUSE, . PANAVALLY.P.O., CHERTHALA, ALAPPUZHA. 2. SEBIN.K.THOMA, AGED 22 YEARS, S/O. THOMAS, KULANGARA HOUSE, CHATHANTHARA.P.O. EDATHIKAVU. 3. SAFEER.M. YUSUF, AGE 23 YEARS, S/O. M.SAID ALI YUSUF, METHERKUDY HOUSE, SOUTH VAZHAKULAM.P.O. ALUVA, ERNAKULAM. 4. RAFEEK.R. AGED 21 YEARS, S/O. RAHIM, SHAFEEK MANZIL HOUSE, PADINJATINKARA KOTTARAKARA.P.O., KOLLAM. BY ADV. SRI.JINU JOSEPH RESPONDENTS: --------------- 1. M.G.UNIVERSITY REP.BY THE REGISTRAR, M.G.UNIVERSITY, KOTTAYAM. 2. CONTROLLER OF EXAMINATION, M.G.UNIVERSITY, KOTTAYAM. 3. THE ASSISTANT REGISTRAR (REVALUATION), M.G.UNIVERSITY, KOTTAYAM. BY GOVT. PLEADER SRI.P.NARAYANAN SRI. T.A.SHAJI, STANDING COUNSEL FOR M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26029 OF 2009 -------------------------- Dated this the 16th day of September, 2009 J U D G M E N T Heard Sri. Jinu Joseph, 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 Mechanical Engineering held in May-June 2009 by the Mahatma Gandhi University. The results were published in August 2009. They failed in the paper on Aerospace Engineering. The petitioners state that they have passed all the other papers of the 8th semester and also the other semester examinations with good marks. The petitioners also submit that a large number of students who appeared along with them had failed in the paper on Aerospace Engineering. They submit that seeking revaluation and scrutiny of their answer scripts in Aerospace Engineering they have submitted originals of Exts. P6 to P9 and Exts.P10 to P13 applications and have also paid the requisite fee. The petitioners submit that if their answer scripts in Aerospace Engineering are revalued, they are sure to secure a pass and that unless their answer scripts are revalued and they are allowed to scrutinise the answer scripts expeditiously, they will lose their chances of employment. In this writ W.P.(C) No. 26029/09 2 petition, the petitioners seeks a writ in the nature of mandamus commanding the respondents to re-valuate their answer scripts in Aerospace Engineering expeditiously and within a time limit to be fixed by this Court. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioners' applications 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 the answer scripts revalued, if their applications are in order, within the aforesaid period. As regards scrutiny of the answer scripts, the learned Standing Counsel submits that the scrutiny can be done within ten days from the date on which a copy of this judgment is received by the Mahatma Gandhi University. 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 W.P.(C) No. 26029/09 3 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 Exts. P6 to P9 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. The Controller of Examinations shall, within ten days from the date on which the petitioners produces a certified copy of this judgment before him, make arrangements for scrutiny of the answer scripts referred to in Exts.P10 to P13 applications. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 26029/09 4 P.N.RAVINDRAN, JUDGE vps P.N.RAVINDRAN, JUDGE vps