IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35841 of 2009(A) -------------------------- PETITIONER(S): --------------- JERIN JAMES.M, S/O.JAMES, AGED 26 YEARS, MUNTHRINGATTUKUNNEL HOUSE, CHEMPERI (PO), KANNUR (DIST). BY ADV. SRI.P.BABU RESPONDENT(S): --------------- 1. KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR DISTRICT. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 35841 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2009 J U D G M E N T Heard Sri.P.Babu, learned counsel appearing for the petitioner and Sri.M.Sasindran, learned counsel appearing for the respondents. 2. The petitioner appeared for the 5th semester B.Tech Degree examination in Electronics and Communication Engineering conducted by Kannur University in January, 2009. He thereafter, completed his course of study and passed the 8th semester examination. He has also passed other semester examinations. The result of the 5th semester examination was published on 12.11.2009. The petitioner failed in the two papers in which he had appeared in the said examination. He had therefore applied for revaluation of his answer scripts in the said two papers by submitting Ext.P2 application dated 26.11.2009. It is stated that the requisite fee was also paid on the same day. 3. The learned counsel appearing for the petitioner submits that the petitioner has completed his course of study, WPC.35841 of 2009 : 2 : that he has passed all the other semester examinations and the remaining papers of the 5th semester, that he had done well in the examination and that if his answer scripts are revalued, he is sure to secure a pass. He submits that as the University took more than ten months to publish the result of the examination held in January, 2009, unless this court directs expeditious revaluation, his answer scripts will not be revalued in the near future. In this writ petition, the petitioner seeks a direction to the respondents to expeditiously revalue the answer scripts of the 5th semester B.Tech Degree Examination conducted in January, 2009. 4. Sri.M. Sasindran, the learned Standing Counsel appearing for the Kannur University submits that as per the stipulations in the Examination Manual, the University requires a minimum of 105 days to complete the revaluation process. He submits that if the petitioner's application is in order, the University will take expeditious steps to revalue his answer scripts and to publish the results within the aforesaid period. 5. The Examination Manual is not a statutory regulation. It is only a manual prepared by the University for its guidance. WPC.35841 of 2009 : 3 : 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 Universities 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 105 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 take steps to have the petitioner's answer scripts described in Ext.P2 application revalued 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, Kannur University. (P.N. RAVINDRAN, JUDGE) jma //True Copy// P.A. to Judge