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. 25720 of 2009(H) -------------------------- PETITIONER: --------------- MATHEWS GEORGE, S/O.GEORGE MATHEW, CHUNKAPURA HOUSE, A.F.2/84, BLOCK NO.7, VASANTH NAGAR, KOCHI-25. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: --------------- 1. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY SC SRI. T.A SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25720 OF 2009 -------------------------- Dated this the 14th day of September, 2009 J U D G M E N T Heard Sri. P.K.Aboobacker, 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 Electrical and Electronics Engineering held in May- June 2009 by the Mahatma Gandhi University. He had an aggregate of 72% marks in all other semester examinations. When the results of the 8th semester examination were published in August 2009, the petitioner failed in the paper on Power System Analysis. The petitioner has therefore applied for revaluation of the answer script in Power System Analysis by submitting Ext.P8 application. The requisite fee of Rs.500/- was also paid, as can be seen from Ext.P9. The petitioner submits that in the campus selection he has been selected for appointment in Wipro Technologies and that unless the revaluation is expeditiously done, he will loose the W.P.(C) No. 25720/09 2 employment offered to him. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script in Power System Analysis and to publish the result expeditiously. 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 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 W.P.(C) No. 25720/09 3 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. Further, the petitioner has stated in categorical terms that he has been offered employment and that he has also secured first class marks in all the other papers. I accordingly dispose of this writ petition with a direction to the respondents to complete the revaluation of the answer script described in Ext.P8 application 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. 25720/09 4