IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29198 of 2009(T) -------------------------- PETITIONER(S): --------------- ANUP MATHEW ABRAHAM, S/O.REV.DR. M.M.ABRAHAM, M.T.T.SEMINARY, P.B.NO.287, RAILWAY STATION ROAD, KOTTAYAM-686001. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND SMT.B.MEERA RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, P.D.HILLS P.O., KOTTAYAM 686560. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, P.D.HILLS P.O., KOTTAYAM 686560. BY SRI. T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29198 OF 2009 -------------------------- Dated this the 16th day of October, 2009 J U D G M E N T Heard Sri. A.Jayasankar, the learned counsel appearing for the petitioner and Sri. T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. 2. The petitioner appeared for the 8th semester B.Tech degree examination in Computer Science and Engineering held in May-June 2009 by the Mahatma Gandhi University. The results were published in August 2009. The petitioner failed in the paper Principles of Programming Languages. He has therefore applied for revaluation of his answer script on 31.8.2009. The petitioner has also paid the requisite fee prescribed for revaluation, as can be seen from Ext.P3. Though a copy of the application is not produced, relying on Ext.P3 certificate of remittance, the petitioner submits that the sum of Rs.503/- was paid towards fee for revaluation on 31.8.2009. He also submits that the application for revaluation was submitted on the same day. The petitioner submits that he has passed all the other semester examinations with good marks and that he has been offered admission for the M.Tech degree course in Karunya University, Coimbatore. The petitioner submits that if his answer script in Principles of Programming Languages is revalued, he is sure to W.P.(C) No. 29198/09 2 secure a pass and that unless his answer script is revalued expeditiously, he will be put to serious prejudice. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script expeditiously, 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 petitioner's answer script 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 his 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 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 should not wait for the expiry of 81 clear days from the date W.P.(C) No. 29198/09 3 of publication of the results to complete the revaluation process. I accordingly dispose of this writ petition with a direction to the respondents to verify whether the petitioner has applied for revaluation of his answer script in Principles of Programming Languages on or before 31.8.2009, having regard to the statement in Ext.P3 certificate of remittance. If on such verification, it is found that the petitioner has applied for revaluation of his answer script, the respondents shall take steps to complete the revaluation process and to communicate the result to the petitioner within six weeks from the date on which the petitioner produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 29198/09 4