IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27012 of 2009(V) ----------------------------------------- PETITIONER(S): ------------------------- KARTHIKA.A, D/O.KRISHNA KUMAR, CHERUKARA HOUSE, PARASSALA P.O., THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): --------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. R1 & R2 BY ADV. MR. T.A. SHAJI, SC, MG UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.27012 of 2009 - V ---------------------------------------- Dated 6th October, 2009 Judgment Heard Sri.M.Sreekumar, 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 Information Technology conducted by the Mahatma Gandhi University in May/June, 2009. The results were published in August, 2009. The petitioner failed in the paper 'Security in Computing'. She has therefore applied for revaluation of her answer script in the said paper by submitting an application dated 16.9.2009. A copy of the application is however not produced. The petitioner states that she appeared in the management aptitude test held on 6.9.2009 for joining the MBA course and that if her answer script in 'Security in Computing' is revalued, she is sure to secure a pass. She submits that seeking expeditious revaluation of her answer script in 'Security in W.P.(C) No.27012/2009 2 Computing' for which she had appeared in the eighth semester examination, she had submitted Ext.P3 representation to the Controller of Examinations wherein it has been stated that she has applied for revaluation in the prescribed form after remitting the fee on 19.9.2009. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue her answer script in 'Security in Computing' and to communicate the result to her expeditiously. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that as the petitioner has not produced a copy of the application for revaluation, the University is not in a position to ascertain whether such an application has been filed for the reason that the records kept in the existing Pareeksha Bhavan in the University campus are in the process of being shifted to a new building and therefore the University is not in a position to state whether the petitioner has applied for revaluation. He also submits that the petitioner's answer script cannot be singled out and revalued as it will lead to loss of confidentiality. W.P.(C) No.27012/2009 3 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 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. W.P.(C) No.27012/2009 4 I accordingly dispose of this writ petition with a direction to the respondents to complete the revaluation of the answer script of the petitioner in 'Security in Computing' for which she had appeared in the eighth semester B.Tech. degree examination held in May/June, 2009 and to communicate the result to the petitioner, if after verification it is found that the petitioner has applied in time and paid the requisite fee. Needful in the matter shall be done expeditiously and in any event, within eight weeks from the date on which petitioner produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN Judge vaa