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. 28002 of 2009(U) --------------------------------------- PETITIONER(S): ---------------------- 1. FABIN K.FRANCIS, S/O.K.S.FRANCIS, AGED 22 YEARS, KAPPALADIKAL HOUSE, T&R CROSS ROAD, THOPPUMPADY, KOCHI-5, PINCODE-682 005. 2. MANU JOSE, S/O.JOSE KURIAN, AGED 22 YEARS, MAKKOLIL HOUSE, VAZHAKULAM PO, KAVANA, MUVATTUPUZHA, ERNAKULAM DIST.686 670. 3. BALKISHOR K.S, AGED 22 YEARS, S/O.SUDARSAMEN NAIR, KOCHAPPALLIL HOUSE, KUDAVECHOOR PO, VAIKOM, KOTTAYAM. BY ADV. MR.K.R.MICHAEL MR.FRANCIS JOSEPH KURISINKAL RESPONDENT(S): ------------------------ 1. THE CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY,KOTTAYAM. 2. THE MAHATMA GANDHI UNIVERSITY, REP.BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY,KOTTAYAM. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, MG UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------- W.P.(C)No.28002 of 2009-U -------------------------------- Dated 6th October, 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 petitioners appeared for the seventh semester supplementary B.Tech. Degree examination in Automobile Engineering held in May/June, 2009 by the Mahatma Gandhi University. Simultaneously, they appeared for the eight semester examination. The results of both the examinations were published in August 2009. Though the petitioners passed the eighth semester examination, they failed in one paper namely “Refrigeration & Air Conditioning” of the seventh semester examination. They have therefore applied for revaluation of their answer scripts by submitting Exts.P1 to P3 applications dated 14.9.2009. They have also paid the requisite fee. The petitioners submit that they are sure to secure a pass if their answer scripts in “Refrigeration & Air Conditioning” are revalued. In this writ petition, the petitioners seek a writ in the nature of mandamus commanding the respondents to revalue their answer scripts in “Refrigeration & Air Conditioning” and to communicate the result to them 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 their applications are 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 petitioners’ answer scripts in “Refrigeration & Air Conditioning” revalued and to communicate the result to them within six weeks from the date on which the petitioners produce 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