IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25839 of 2009(Y) -------------------------------------- PETITIONER: ------------------- SHEFNA SALIM, KANDAMANGALATH (H), AIMS PONEKKARA P.O., COCHIN-682 041. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.PETER JOSE CHRISTO, MR.S.A. ANAND. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM, PIN-686 560. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM, PIN-686 560. R1 & R2 BY MR. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25839/2009 - Y ---------------------------------------- Dated 15th September, 2009 Judgment Heard Sri.S.P.Aravindakshan Pillay, 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 fifth semester B.Com. degree (Vocational) examination conducted by the Mahatma Gandhi University in December, 2008. The results were declared on 24.7.2009. The petitioner failed in the paper 'Corporate Accounting Unit-I'. She thereafter passed the final year examination also. The petitioner has on 25.7.2009 submitted an application for revaluation of her answer script in 'Corporate Accounting Unit-I'. She has also paid the requisite fee of Rs.250/-. The petitioner submits that she is desirous of prosecuting her studies and that she has appeared for the MCA Entrance Examination, 2009 conducted by the State of Kerala. She submits that she is sure to secure a pass in the paper 'Corporate Accounting Unit-I' if her answer script is revalued. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue her answer script in W.P. © No.25839/2009 2 'Corporate Accounting Unit-I' for which she had appeared in the fifth semester examination held in December, 2008. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioner's application 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 her answer script 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.25839/2009 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 petitioner's answer script in 'Corporate Accounting Unit-I' and to communicate the results to the petitioner within six weeks from the date of receipt of a certified copy of this judgment. The petitioner shall, in order to enable the University to act as directed above, produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN Judge vaa