IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29841 of 2009(A) -------------------------------------- PETITIONER(S): ---------------------- REBECCA ROBERT JOHN, D/O.ROBERT JOHN, AGED 21, RESIDING AT C.J. COTTAGE, NEAR NGO FLATS, SANTHIPURAM, KAKKANAD, ERNAKULAM, COCHIN-21. BY ADV. MR.K.C.ELDHO RESPONDENT(S): ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REP. BY ITS VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29841 of 2009 - A ---------------------------------------- Dated 22nd October, 2009 Judgment Heard Sri. K.C.Eldho, the learned counsel appearing for the petitioner and Sri.T.A.Shaji, the learned standing counsel appearing for the respondents. 2. The petitioner appeared for the third semester B.Tech. degree examination in Applied Electronics & Instrumentation Engineering conducted by the Mahatma Gandhi University in May, 2009. The results were published on 29.8.2009. The petitioner failed in the paper 'Computer Programming'. She has therefore applied for revaluation and scrutiny of her answer script in the said paper by submitting Ext.P4 application. It is stated that the requisite fee has also been paid as can be seen from Ext.P5 receipt. The petitioner submits that she had done well in the examination and that if her answer script is revalued, she is sure to secure a pass. She submits that the supplementary third semester B.Tech. degree examination is scheduled to commence on 3.11.2009 and that unless her answer script is revalued before the said date, she will have to W.P.(C) No.29841/2009 2 appear for the supplementary examination. On these grounds, the petitioner seeks expeditious revaluation of her answer script in the paper 'Computer Programming' and also scrutiny thereof. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioners' answer scripts 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 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 W.P.(C) No.29841/2009 3 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 take steps to have the answer script described in Ext.P4 application revalued and to communicate the results 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. The Controller of Examinations, Mahatma Gandhi University shall, within ten days from the date on which the petitioner produces a certified copy of this judgment before him, make arrangements for scrutiny of the answer script referred to in Ext.P4 application. P.N.RAVINDRAN Judge vaa