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. 25724 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. AMAL VARGHESE, S/O.VARGHESE, AGED 22 YEARS, PUTHUSSERY HOUSE, KONGORPILLY P.O. 2. ARUN NAIR, S/O.R.UNNIKRISHNAN NAIR, AGED 22 YEARS, PARK VIEW APARTMENT, FLAT NO.26, SECTOR 15-II GURGAON, HARYANA, NOW AT SANKARA MANGALAM, KANNIMEL, PATTAZHI P.O., KOTTARAKKARA. 3. ABHISHEK.S., S/O.P.G.SARANGADHARAN, AGED 21, PADMAVILASAM (H), ENADI P.O., VAIKOM, KOTTAYAM. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): --------------- 1. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY ADV.SHRI T.A.SHAJI (SC) 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. 25724 OF 2009 -------------------------- Dated this the 14th day of September, 2009 J U D G M E N T Heard Sri. T.H.Abdul Azeez, 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. All the petitioners failed in the paper on Automobile Engineering. The petitioners have therefore applied for scrutiny and revaluation of their answer scripts and have paid the requisite fee. Exts.P5 and P6 are the applications submitted by petitioners 2 and 3 for revaluation. Though a copy of the application submitted by the first petitioner is not produced, the letter sent by him to the Controller of Examinations giving the details of the applications for scrutiny and revaluation submitted by him is produced as Ext.P4. The petitioners submit that they are sure to secure a pass if their answer scripts in Automobile Engineering are revalued. The petitioners submit that unless their answer scripts are revalued expeditiously, they will be put to serious prejudice. 3. Sri.T.A.Shaji, the learned standing counsel appearing for the W.P.(C) No. 25724/09 2 Mahatma Gandhi University submits that the 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' applications for revaluation will be considered and the answer scripts revalued, if the 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 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. W.P.(C) No. 25724/09 3 I accordingly dispose of this writ petition with a direction to the respondents to complete the revaluation of the answer script described in Exts.P4, P5 and P6 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 produce a certified copy of this judgment before him also make arrangements for scrutiny of their answer scripts. P.N.RAVINDRAN, JUDGE vps