IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27892 of 2009(F) --------------------------------------- PETITIONER(S): ---------------------- ARUN.S.KUMAR, SYAMALAYALAM, THEPPUPARA P.O., PATHANAMTHITTA DISTRICT. BY ADV. MR.JOHN VARGHESE MR.P.M.JOSEPH RESPONDENT(S): ------------------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM DISTRICT, REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM DISTRICT. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, MG UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------- W.P.(C)No.27892 of 2009-F -------------------------------- Dated 6th October, 2009 JUDGMENT Heard Sri.John Varrghese, 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 Civil Engineering held in May/June, 2009 by the Mahatma Gandhi University. The results were published in August 2009. The petitioner failed in the paper "Advanced Structural Design”. In the paper “Highway and Airfield Pavement” he secured only 40 marks out of 100. He has therefore applied for revaluation of his answer scripts in the said papers by submitting Ext.P1 application dated 10.9.2009. He has also paid the requisite fee. The petitioner submits that if his answer script in "Advanced Structural Design” is revalued, he is sure to secure a pass. He submits that he intends to pursue his studies and that unless his answer scripts are revalued, 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 scripts in “"Advanced Structural Design” and “Highway and Airfield Pavement”, and to communicate the result to him expeditiously, within a time limit to be W.P.(C)No.27892 of 2009-F 2 fixed by this Court. 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 of publication of the results to complete the revaluation process and that the petitioner's 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 petitioner's answer scripts and communicate the result within the said period of 81 days, if his 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 W.P.(C)No.27892 of 2009-F 3 respondents to revalue the petitioner's answer script in “"Advanced Structural Design” and “Highway and Airfield Pavement” and to communicate the result to him within six weeks from the date on which he produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab