IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26204 of 2009(U) --------------------------------------- PETITIONER(S): ------------------------- SISIRA S., D/O.S.SEETHARAMAN POTTI, AGED 23 YEARS, RESIDING AT DEVIKRIPA, KUMBALAM P.O. KOCHI - 682 506. BY ADVS MR.V.A.MUHAMMED MR.M.SAJJAD RESPONDENT(S): -------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM - 686 560. 2. THE CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM - 686 560. BY MR.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 26204 of 2009-U ------------------------------ Dated this the 17th day of September, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, 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 eighth semester B.Tech. degree examination in Electronics and Communication Engineering conducted by the Mahatma Gandhi University in May/June 2009. The results were published in August 2009. The petitioner failed in three papers (1) Advanced Communication System, (ii) Television Engineering and (iii) V.H.D.L. The petitioner therefore applied for scrutiny and revaluation of her answer scripts in the said three papers as can be seen from Exts.P1 and P2. The petitioner has also paid the requisite fee. The petitioner submits that if her answer scripts are revalued, she is sure to secure a pass. She submits that if the revaluation of her answer scripts is unduly delayed, she will be put to serious prejudice. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the Mahatma Gandhi University to revalue her answer scripts and to publish the results expeditiously and within a time limit to be fixed by this Court. She also seeks a direction to the University to arrange for scrutiny of her W.P(C) No. 26204 of 2009-U 2 answer scripts expeditiously. 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 to her within the said period of 81 days, if her application is otherwise in order. As regards scrutiny of the answer script, 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 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 W.P(C) No. 26204 of 2009-U 3 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 respondents to complete the revaluation of the answer scripts described in Ext.P1 application and to communicate the result to the petitioner within six weeks from the date on which she produces 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 petitioner produces a certified copy of thus judgment before him also make arrangements for scrutiny of the answer scripts. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab