IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26663 of 2009(C) -------------------------- PETITIONER(S): --------------- NANDU SEKHAR, B.TECH STUDENT ELECTRIC AND ELECTRONIC ENGINEERING CARMEL ENGINEERING COLLEGE, PERUNAD REPRESENTED BY FATHER AND NATURAL GUARDIAN V.P.,RAJASEKHARAN S/O.PARAMESWARA PANICKER, NJALIPPARAMPIL, PULLAD PO, THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, OFFICE OF THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM REPRESENTED BY ITS REGISTRAR. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, OFFICE OF THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM . 3. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, OFFICE OF THE MAHATMA GANDHI UNIVERSITY,KOTTAYAM . SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ```````````````````````````````` W.P.(C) No. 26663 of 2009 C ````````````````````````````````` Dated this the 23rd day of September, 2009 J U D G M E N T Heard Sri.S.Subhash Chand, 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 combined first and second semester B.Tech degree examination in Electrical and Electronics Engineering conducted by the Mahatma Gandhi University in May 2009. He failed in five papers. He has, therefore, applied for revaluation of his answer scripts in four out of the said five papers, namely, (i) Engineering Mathematics, (ii) Basic Mechanical Engineering (iii) Basic Electronics and (iv) Basic Civil Engineering, by submitting Ext.P1 application. He has also paid the requisite fee of Rs.2,000/- as can be seen from Ext.P1(a) receipt. The petitioner submits that he has to appear for the third semester examination in October 2009 and the fourth semester examination in April 2010 and that if he has to again appear for the first semester examination in the papers in which he has failed, he will not be in a position to concentrate on his studies. He also WPC.26663/09 : 2 : submits that he is sure to secure a pass in the said four papers on revaluation. The petitioner also submits that if his answer script is expeditiously revalued and there is no change in the result, he will then have time to prepare for the supplementary examination. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue the answer scripts described in Ext.P1 application 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 petitioner's answer scripts 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 scripts 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 WPC.26663/09 : 3 : detriment of students. A Division Bench of this Court has in University of Kerala Vs. 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 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.P1 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. Sd/- (P.N. RAVINDRAN, JUDGE) aks // True Copy // P.A. to Judge