IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28393 of 2009(T) -------------------------- PETITIONER(S): --------------- VIDHU KRISHNAN.U, NANDHANAM, NERUKULAM, VADAVANNUR P.O., PALAKKAD DISTRICT, PIN-678 504. BY ADV. SMT.RESHMI JACOB RESPONDENT(S): --------------- THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. STANDING COUNSEL SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28393 OF 2009 -------------------------- Dated this the 9th day of October, 2009 J U D G M E N T Heard Smt. Reshmi Jacob, 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 8th semester B.Tech degree examination in Electrical and Electronics Engineering held in May- June 2009 by the Mahatma Gandhi University. The results were published in August 2009. The petitioner failed in the paper on Computer Networks. The petitioner has therefore applied for revaluation of his answer script by submitting Ext.P2 application and for scrutiny by submitting Ext.P3 application. The petitioner has also paid the requisite fee prescribed for scrutiny and revaluation. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script expeditiously, 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 W.P.(C) No. 28393/09 2 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 his answer script revalued, if his application is in order, within the aforesaid period. As regards scrutiny of the answer script, the learned Standing Counsel submits that the 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 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 University W.P.(C) No. 28393/09 3 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 revalue the answer script described in Ext.P2 application and to communicate the result to the petitioner within six weeks from the date on which he produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. The Controller of Examinations shall, within ten days from the date on which the petitioner produces a certified copy of this judgment before him, also make arrangements for scrutiny of the said answer script. P.N.RAVINDRAN, JUDGE vps