IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26757 of 2009(L) -------------------------------------- PETITIONER: ------------------- CHANDU KURIAN THAMPI, S/O. T.K.THAMPI TANNICKAMATTATTATHIL HOUSE, KOLENCHERY ERNAKULAM PIN- 682311. BY ADVS. MR.K.R.MICHAEL, MR.FRANCIS JOSEPH KURISINKAL. RESPONDENTS: ------------------------ 1. THE CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY. R1 & R2 BY MR. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No.26757 of 2009 - L ---------------------------------------- Dated 23rd September, 2009 Judgment Heard Sri.K.R.Michael, 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 eighth semester B.Tech. degree examination in Mechanical Engineering conducted by the Mahatma Gandhi University in May/June, 2009. The results were published in August, 2009. The petitioner failed in two papers 'Aerospace Engineering' and 'Production Engineering'. He has therefore applied for revaluation of his answer scripts by submitting Ext.P1 application. It is stated that the petitioner has also paid the requisite fee. The petitioner submits that if his answer scripts in 'Aerospace Engineering' and 'Production Engineering' are revalued, he is sure to secure a pass in the above papers also. He also submits that he has passed all the other semester examinations. On these grounds, he seeks a writ in the nature of mandamus commanding the respondents to revalue his answer scripts in W.P. © No.26757/2009 2 'Aerospace Engineering' and 'Production Engineering' and to communicate the results expeditiously. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioner's answer scripts 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 scripts 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 students. I am therefore of the considered opinion that the University should not wait for the expiry of 81 clear days W.P. © No.26757/2009 3 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 scripts described in Ext.P1 application and to communicate the results 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 vaa