IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26708 of 2009(G) -------------------------- PETITIONER(S): --------------- RESHMA UNNIKRISHNAN, MARADATH, LAKSHMI NIVAS, KUNNAKKAL P.O., VALAKOM, MUVATTUPUZHA-682 316. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SMT.PREEJA. P.VIJAYAN RESPONDENT(S): --------------- 1. CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, KOTTAYAM. 2. M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM REPRESENTED BY ITS REGISTRAR. SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ```````````````````````````````` W.P.(C) No. 26708 of 2009 G ````````````````````````````````` Dated this the 23rd day of September, 2009 J U D G M E N T Heard Sri.V.V.Nandagopal Nambiar, 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 eighth semester B.Tech degree examination in Electronics and Communication Engineering conducted by the Mahatma Gandhi University in May-June 2009. Along with the final semester examination, she also appeared for the fifth semester supplementary examination in the paper “Power Electronics”. The results were published in August 2009. Though the petitioner passed in the eighth semester examination, she again failed in the paper “Power Electronics” of the fifth semester supplementary examination. The petitioner has therefore, applied for revaluation of her answer script in the said paper on 15.9.2009 and has also paid the requisite fee as can be seen from Ext.P1. The petitioner submits that she has passed all the other semester examinations, that she has good marks in all the other papers of the fifth semester examination and that WPC.26708/09 : 2 : she has got admission for the M.Tech degree course in Amritha University, Coimbatore. The petitioner submits that she is sure to secure a pass on revaluation and that unless her answer script in the paper “Power Electronics” is expeditiously revalued and the results communicated, she 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 her answer script in “Power Electronics” for which she had appeared in the fifth semester supplementary examination held in June 2009 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 script 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 her application is in order, within the aforesaid period. 4. The Examination Manual is not a statutory regulation. It is WPC.26708/09 : 3 : 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 Vs. 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 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 script described in Exts.P1 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) aks