IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29550 of 2009(K) --------------------------------------- PETITIONER: ------------------- SANJU JACOB, S/O.K.C.JACOB, KURUMPANGATTU HOUSE, NLLICKAL, KOIPRAM.P.O, VIA.CHNGANNUR, PATHANAMTHITTA-689 531. BY ADV. MR.JOSE JOSEPH (MANNAR). RESPONDENT: ---------------------- THE CONTROLLR OF EXAMINATIONS, MAHATMA GANDHIUNIVERSITY, ATHIRAMPUZHA P.O. KOTTAYAM. BY MR. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C)No.29550 of 2009-K -------------------------------- Dated 20th October, 2009 JUDGMENT Heard Sri.Jose Joseph Mannar, 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 supplementary 4th semester, 6th semester and 7th semester B.Tech Degree examination in Mechanical Engineering held in May, 2009 by the Mahatma Gandhi University. The results were published in various dates of August 2009. The petitioner failed in one paper of each examination. He has therefore applied for revaluation of his answer script by submitting Extd.P4, P5 and P6 applications. He has also paid the requisite fee. The petitioner submits that he has passed all the other examinations and the remaining papers of the 4th, 6th and 7th semester examinations. He submits that he has done well in the supplementary examinations and that he is sure to secure a pass if his answer scripts are revalued. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer scripts and to communicate the result to him expeditiously, 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 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 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 complete the revaluation of the petitioner's answer scripts 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. P.N.RAVINDRAN JUDGE ab