IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25759 of 2009(L) -------------------------- PETITIONER: --------------- NIDHIN K., SURENDRAN, 'SRUTHI', THOKKILANGADI, NIRMALAGIRI P.O., KANNUR DISTRICT. BY ADV. SMT.MEDONA LOPEZ RESPONDENTS: --------------- 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. BY SRI. T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25759 OF 2009 -------------------------- Dated this the 14th day of September, 2009 J U D G M E N T Heard Smt. Medona Lopez, 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 Civil Engineering held in May-June 2009 by the Mahatma Gandhi University. He passed all the papers except the paper in Environmental Engineering II. The petitioner has therefore applied for scrutiny and revaluation of his answer script by submitting Exts.P2 and P4 applications. The petitioner has also paid the requisite fee prescribed for scrutiny and revaluation. The petitioner submits that he has secured admission in the National Institute of Technology, Surathkal Karnataka for the M.Tech degree course. He submits that if his answer paper is revalued he is sure to secure a pass and 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 mandamus commanding the respondents to re-valuate his answer script expeditiously and within a time limit to be fixed by this Court. W.P.(C) No. 25759/09 2 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioner's application 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 the answer script revalued, if the application is in order, within the aforesaid period. As regards scrutiny of the answer script, the learned Standing Counsel submits that the scrutiny can be done within ten days from the date on which a copy of this judgment is received by the Mahatma Gandhi University. 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 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. W.P.(C) No. 25759/09 3 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. The Controller of Examinations shall, within ten days from the date on which the petitioner produces a certified copy of this judgment before him, make arrangements for scrutiny of the answer script referred to in Ext.P4 by the petitioner. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 25759/09 4