IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27968 of 2009(M) --------------------------------------- PETITIONER: ------------------- SHOBIN JOSEPH ANTONY, MANGLAVIL HOUSE, INDUSTRIAL ESTATE NAGAR P.O., CHANGANACHERRY. BY ADVS. MR.JOHN VARGHESE, MR.P.M.JOSEPH. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM DISTRICT, REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM DISTRICT. R1 & R2 BY MR. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C)No.27968 of 2009-M -------------------------------- Dated 6th October, 2009 JUDGMENT Heard Sri.John Varrghese, 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 8th semester B.Tech Degree examination in Electrical and Electronics Engineering held in May/June, 2009 by the Mahatma Gandhi University. The results were published in August 2009. The petitioner failed in the paper Electrical Machines II. He has therefore applied for revaluation of his answer script by submitting Ext.P1 application dated 25.9.2009. He has also paid the requisite fee. The petitioner submits that he had done well in the examination and that he is sure to secure a pass if his answer script is revalued. He also submits that he has passed all the other semester examinations and the remaining papers of 8th semester examination. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script in " Electrical Machines II” and to communicate the result to him expeditiously, within a time limit to be fixed by this Court. W.P.(C)No.27968 of 2009-M : 2 : 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 script 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 script and communicate the result within the said period of 81 days, if his application is 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. I accordingly dispose of this writ petition with a direction to the respondents to take steps to have the petitioner's answer script in W.P.(C)No.27968 of 2009-M : 3 : “Electrical Machines II " 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, Mahatma Gandhi University. Sd/- P.N.RAVINDRAN JUDGE //True Copy/ PA to Judge ab