IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26422 of 2009(W) ---------------------------------------- PETITIONER(S): ----------------------- 1. ROHINI TRESA JOHN, DAUGHTER OF JOHN ZACHARIAH,ELAPPUNKAL HOUSE, NEAR S.B.HIGH SCHOOL,CHANGANACHERRY. 2. NIDHISH CHANDRAN, SON OF K.RAMACHANDRAN PILLAI,KOTTARATHIL HOUSE, KOLANI P.O.,THODUPUZHA. 3. NAYANA RENJINI KURUP, DAUGHTER OF S.SASIDHARA KURUP,SRINIKETHAN HOUSE, KARICHAL P.O.,KOTTAYAM. 4. NITIN RAJAN, SON OF K.C.RAJAN,CHEERANS VILLA, CHELLAKADU,RANNI P.O.,PATHANAMTHITTA DISTRICT. 5. MUMTHAS KABEER, DAUGHTER OF P.M.MOHAMED KABEER, PULINCHUVALLIL THADATHIL HOUSE, EDAYIRICKAPUZHA P.O.,KANGAZHA, KOTTAYAM DISTRICT. 6. SANKARDEEP V., SON OF LATE VENKITARAJAIAH,AMARAVATHI NIVAS, PANDANKARY P.O.,EDATHUA,ALAPPUZHA. BY ADV. MR.ALAN PAPALI MR.SOJAN MICHEAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): ------------------------ 1. THE MAHATMA GANDHI UNIVERSITY, REP.BY ITS REGISTRAR,KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY,KOTTAYAM. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, MG UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26422 of 2009-W ------------------------------ Dated this the 18th day of September, 2009. J U D G M E N T Heard Sri.Alan Papali, 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 eighth semester B.Tech. degree examination in Computer Science and Engineering conducted by the Mahatma Gandhi University in May/June 2009. The results were published in August 2009. Petitioners 1 to 4 failed in the paper on Artificial Intelligence, the fifth petitioner in the papers on Artificial Intelligence and Security in Computing and the sixth petitioner in the paper on Advanced Networking Trends. The petitioners have applied for revaluation of their answer scripts by submitting Exts.P1 to P6 applications. They have also paid the requisite fee as can be seen from Exts.P1(a) to P6(a). The petitioners submit that the supplementary examination for failed students will be held in the first week of November 2009 and that unless their answer scripts are revalued before that date, they will be put to serious prejudice. They submit that it may not be necessary for them to appear for the supplementary examination, if they secure a pass on revaluation. In this writ petition, the petitioners seek a W.P(C) No.26422 of 2009-W 2 direction to the respondents to revalue their 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 petitioners' applications cannot be singled out and revalued as it will lead to loss of confidentiality. He also submits that the University will revalue the petitioners' answer scripts and communicate the result to them within the said period of 81 days, if their applications are 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. W.P(C) No.26422 of 2009-W 3 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 to P6 and to communicate the result to the petitioner 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. P.N.RAVINDRAN Judge ab W.P(C) No.26422 of 2009-W 4