IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 31953 of 2009(L) -------------------------------------- PETITIONER(S): ---------------------- SRUTHY K.VINCENT, 2ND PROFESSIONAL BDS, ANNOOR DENTAL COLLEGE, MUVATTUPUZHA. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------- 1. M.G. UNIVERSITY, KOTTAYAM, REPRESENTED BY THE REGISTRAR,. 2. THE CONTROLLER OF EXAMINATIONS, M.G. UNIVERSITY, KOTTAYAM. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 31953 of 2009 - L ---------------------------------------- Dated 10th November, 2009 Judgment The petitioner appeared for the first professional BDS supplementary examination conducted by the Mahatma Gandhi University in June, 2009. The results were published towards the end of October, 2009. The petitioner again failed in the paper 'Dental Materials'. She has therefore applied for scrutiny and revaluation of her answer script in the said paper by submitting Ext.P2 application dated 4.11.2009. It is stated that the requisite fee has also been paid. The petitioner is presently undergoing the second year BDS course. As per the Examination Regulations, she cannot appear for the second year examination without passing the first year BDS examination. It is submitted that she has done well in the supplementary examination and is hopeful of securing a pass if her answer script is revalued. In this writ petition, the petitioner seeks expeditious revaluation of her answer script. W.P.(C) No.31953/2009 2 The learned counsel appearing for the petitioner submits that the second year professional BDS (regular) examination is likely to be held in December, 2009 and that unless the petitioner's answer script is expeditiously revalued, she will be put to serious prejudice. 2. Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University submits that scrutiny of the petitioner's answer script can be arranged within ten days, that the last date for submission of applications for registration for the second year BDS examination is not yet over and that if the petitioner's applications for revaluation and scrutiny are in order, the University will take expeditious steps to revalue the same. He relies on the Examination Manual prepared by the Mahatma Gandhi University to contend that the University need revalue the answer script only within a period of 81 days. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. As per the Kerala University First Ordinances, 1978 which for the time being applies to the Mahatma Gandhi University also, every W.P.(C) No.31953/2009 3 candidate is entitled to apply for revaluation and scrutiny of his/her answer script. The petitioner is presently undergoing the second year BDS course. As per the Examination Regulations, unless the petitioner passes the first year professional BDS examination, she cannot register and appear for the second year BDS examination. The petitioner submits that if her answer script is revalued, she is sure to secure a pass thereby enabling her to apply for the second year BDS examination. Her apprehension is that if before the second year BDS examination is held, her answer script is not revalued and the result published, she will be put to serious prejudice as she will be disabled from appearing for the second year BDS examination. 4. A Division Bench of this Court has in University of Kerala v. Sandhya P. Pai (1991 (1) KLT 812) emphasised the need to expeditiously revalue answer scripts and held that the Universities have to hurry with applications for revaluation without wasting any time and that unless applications for revaluation are expeditiously disposed of, the students will be W.P.(C) No.31953/2009 4 put to serious prejudice. In such circumstances, I am of the opinion that the stipulations in the Examination Manual which are not statutory in nature, cannot operate to the detriment to the students. I accordingly dispose of this writ petition with the following directions: (i) 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 petitioner's answer script described in Ext.P2 application if the petitioner has applied for scrutiny within time and has paid the requisite fee. (ii) The Controller of Examinations, Mahatma Gandhi University shall also take steps to have the petitioner's answer script described in Ext.P2 application revalued and to communicate the result to her within 45 days from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN Judge vaa