IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 26975 of 2009(N) -------------------------- PETITIONER(S): --------------- RENJITH R.MENON, AGED 21,S/O.P.S.RAJASHEKHARAN NAIR, POWATHU PARAMBIL HOUSE,KOTHALA P.O., KOTTAYAM-686 502. BY ADV. SRI.P.R.PADMANABHAN NAIR RESPONDENT(S): --------------- 1. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA,KOTTAYAM-686 560. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA,KOTTAYAM. 3. MAHATMA GANDHI UNIVERSITY, REP.BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,KOTTAYAM. BY SC, MG UTY, SRI. T.A. SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26975 OF 2009 -------------------------- Dated this the 25th day of September, 2009 J U D G M E N T Heard Sri. P.R.Padmanabhan Nair, 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. He passed all the papers except the paper in Instrumentation. The petitioner has therefore applied for revaluation of his answer script in Instrumentation by submitting Exts.P2 application dated 14.9.2009. The petitioner has also paid the requisite fee prescribed for revaluation, as can be seen from Ext.P3. The petitioner submits that he has passed all the other semester examinations, that if his answer script in Instrumentation is revalued, he is sure to secure a pass and that unless his answer script is revalued expeditiously, he will be put to serious prejudice. In this writ petition, the petitioner seeks a writ in the nature of W.P.(C) No. 26975/09 2 mandamus commanding the respondents to revalue his answer script expeditiously and 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 petitioner's answer script cannot be singled out and revalued as it will lead to loss of confidentiality. He also submits that as per the Examination Manual, the University requires 81 clear days from the date of publication of the results to complete the revaluation process. He further submits that the petitioner's application for revaluation will be considered and his answer script revalued, if the application is in order, within the aforesaid period. 4. The Examination Manual is not a statutory regulation. It is 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 W.P.(C) No. 26975/09 3 students. I am therefore of the considered opinion that 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 script described in Exts.P2 and to communicate the result to the petitioner within six weeks from the date on which the petitioner produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN, JUDGE vps