IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 27709 of 2009(G) -------------------------- PETITIONER: --------------- EMIL GEORGE, NEDUMPAMPAKUDA HOUSE, ANCHELPETTY P.O., PAMPAKUDA, ERNAKULAM. BY ADV. SRI.JOY C. PAUL SRI.BOBBY GEORGE RESPONDENTS: --------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY SRI. T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27709 OF 2009 -------------------------- Dated this the 5th day of October, 2009 J U D G M E N T Heard Sri. Joy C.Paul, 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 Mechanical Engineering held in May-June 2009 by the Mahatma Gandhi University. He had also appeared for one paper each in the supplementary 5th and 6th semester examinations held in May 2009. The results of the supplementary examinations and the final semester examinations were published on various dates in August 2009. The petitioner failed in the paper “Computer Programming” of the sixth semester and “Principles of Management & Engineering Economics” of the sixth semester examination. The petitioner has therefore applied for revaluation of the said papers by submitting Exts.P2 and P2(a) applications respectively. The petitioner has also paid the requisite fee prescribed for revaluation, as can be seen from Ext.P2(b) receipt. The petitioner submits that W.P.(C) No. 27709/09 2 he was expecting a pass in the examination and that he has been offered admission for the MBA course in T.K.M. Institute of Management, Kollam. He submits that he has passed all the other semester examinations except one paper each of the fifth and sixth semester examinations and that if his answer scripts are revalued, he is sure to secure a pass. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer scripts 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 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 applications for revaluation will be considered and his answer scripts revalued, if his applications are in order, within the aforesaid period. 4. The Examination Manual is not a statutory regulation. It is a W.P.(C) No. 27709/09 3 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. I accordingly dispose of this writ petition with a direction to the respondents to complete the revaluation of the answer scripts described in Exts.P2 and P2(a) 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 W.P.(C) No. 27709/09 4