IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27148 of 2009(K) -------------------------------------- PETITIONER(S): ---------------------- 1. ROHIN SIDHARTH .S, S/O.P.SUDHEERAN AGE 21 YEARS, SREERAGAM HOUSE, WARRIER LANE CHERANGALAM ROAD, KALLETTUMKARA PO THRISSUR, PIN- 680 683. 2. SUBEESH VASU, S/O.VASU N.A., AGE 21 YEARS NEDUMBILLIKUDIYIL HOUSE, NADUVATTOM PO, KALADY, KAREKKADU PIN- 683 574. 3. SUSHI.M.S, D/O.M.S.SURESH BABU AGE 22 YEARS, NADAMBATH HOUSE, ANTHIKAD PO THRISSUR- 680 641. 4. SRUTHI RANJITH , D/O. P.C.RANJITH AGE 22 YEARS, SARANG, VAYANASALA ROAD ARAKILAR PO. CALICUT -28. 5. SHAHANA. K, D/O.K.ABDURAHIMAN AGE 21 YEARS, KOLLETH HOUSE, VATANAPPALLY P.O, THRISSUR- 680 614. BY ADV. SMT.RESHMI JACOB RESPONDENT(S): ------------------------- THE CONTROLLER OF EXAMINATIONS MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27148 of 2009 - K ---------------------------------------- Dated 25th September, 2009 Judgment 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 petitioners appeared for the eighth semester B.Tech. degree examination in Electronics and Communication Engineering conducted by the Mahatma Gandhi University during May/June, 2009. All the petitioners failed in the paper 'Computer Networks'. The petitioners have therefore applied for revaluation of their answer scripts in the paper 'Computer Networks' by submitting Exts.P6, P7 and P8 applications. It is submitted that copies of applications submitted by petitioners 3 and 4 are not available and are therefore not produced. It is also stated that they have paid the requisite fee as can be seen from Exts.P6 (2), P7 (2), P8 (2) and P9 receipts. The petitioners submit that they have secured very high marks in the other semester examinations and that if their answer scripts are revalued, they are sure to secure a pass. The petitioners further submit that unless their answer scripts are expeditiously W.P.(C) No.27148/2009 2 revalued, they will be seriously prejudiced in the pursuit of their higher studies and in seeking employment. On these grounds, the petitioners seek a writ in the nature of mandamus commanding the respondents to revalue their answer scripts and to publish the results before 31.10.2009. 3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioner's 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 petitioners' applications for revaluation will be considered and their answer scripts revalued, if their applications are 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 W.P.(C) No.27148/2009 3 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 complete the revaluation of the petitioners' answer scripts if all of them have applied for revaluation and to communicate the results to them within seven weeks from the date on which the petitioners produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. P.N.RAVINDRAN Judge vaa