IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27379 of 2009(N) -------------------------------------- PETITIONER(S): ---------------------- ALEX PAUL, ASSARIKUDIYIL HOUSE, POORTHRIKKA P.O., PUTHENCRUZ, ERNAKULAM-682 308. BY ADV. MR.LEGY ABRAHAM RESPONDENT(S): ----------------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSINIHILLS, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADERSINIHILLS, ATHIRAMPUZHA, KOTTAYAM. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.27379 of 2009-N ------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T Heard Sri.Legy Avraham, 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 conducted by the Mahatma Gandhi University in May/June 2009. The results were published in August, 2009. The petitioner failed in the paper 'Automobile Engineering'. The petitioner had therefore applied for revaluation and scrutiny of his answer script in Automobile Engineering. The petitioner submits that he has been selected for appointment as Site Engineer by M/s Bhageeratha Company Ltd. and that if his answer script in Automobile Engineering is revalued, he is sure to secure a pass. The petitioner submits that in these circumstances, unless his answer script is 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 revalue his answer script and to communicate the result expeditiously. 3. Sri.T.A.Shaji, the learned standing counsel appearing for the W.P(C) No.27379 of 2009-N 2 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 script 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 script and communicate the result within the said period of 81 days, if the application is 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 complete the revaluation of the petitioner's answer script and to communicate the result to him within six weeks from the date on W.P(C) No.27379 of 2009-N 3 which he produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. If the petitioner has applied for scrutiny of his answer script and has paid the requisite fee, the Controller of Examinations, Mahatma Gandhi University shall also make arrangements for scrutiny of the petitioner's answer script in Automobile Engineering within ten days from the date of receipt of certified copy of this judgment. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.27379 of 2009-N 4