IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25469 of 2009(C) -------------------------------------- PETITIONER(S): --------------------- 1. JOHNY MATHEW, VALLOOKANDAM HOUSE, ELANJI, ERNAKULAM DIST, NOW RESIDING AT CHATHANGOTTUNADA, KOZHIKODE DIST. 2. ARUN ABRAHAM THOMAS, VADASSERIL PUTHENVEEDU, THIRUVALLA, PATHANAMTHITTA DIST. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------ 1. M.G. UNIVERSITY, KOTTAYAM, REP. BY THE REGISTRAR, 2. THE CONTROLLER OF EXAMINATIONS, M.G. UNIVERSITY, KOTTAYAM. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, MG UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 25469 of 2009-C ------------------------------ Dated this the 9th day of September, 2009. J U D G M E N T Heard Sri.George Poonthottam, the learned counsel appearing for the petitioners and Sri.T.A.Shaji, the learned standing counsel appearing for the respondents. 2. The petitioners appeared for the eighth semester B.Tech Degree Examination in Mechanical Engineering held by the Mahatma Gandhi University in May/June 2009 after undergoing a regular course of study. They passed all the papers except the paper in Aerospace Engineering. The petitioners have therefore submitted Exts.P2 and P3 applications dated 28.8.2009 seeking revaluation of their answer script in Aerospace Engineering. They have paid the requisite fee of Rs.500/-. The petitioners have also applied for scrutiny of their respective answer scripts and also paid the requisite fee. The petitioners submit that the first petitioner has been offered employment in MRF Ltd. and the second petitioner offered employment abroad. In this writ petition the petitioners seek a writ in the nature of mandamus commanding the respondents to revalue their answer scripts in Aero Space Engineering described in Exts.P2 and P3 applications within a time limit to be fixed by this Court. They also seek appropriate directions to the respondents to W.P(C) No. 25469 of 2009-C 2 enable them to scrutinize their answer scripts 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 petitioners' answer scripts cannot be singled out and revalued as it will lead to loss of confidentiality. He further submits that the petitioners' applications for revaluation will be considered and their answer scripts revalued, if their applications are in order, within the aforesaid period. As regards scrutiny of the answer scripts, the learned standing counsel submits that 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 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 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 students. I am therefore of W.P(C) No. 25469 of 2009-C 3 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. In such circumstances, I am of the opinion that the University should revalue his answer script expeditiously. I accordingly dispose of this writ petition with a direction to the respondents to revalue the answer scripts described in Exts.P2 and P3 applications and to communicate the result to the petitioners 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. The Controller of Examinations shall, within seven days from the date on which the petitioners produce a certified copy of this judgment before him also make arrangements for scrutiny of their answer scripts. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab