IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27347 of 2009(K) --------------------------------------- PETITIONER(S): ---------------------- PRATHEESH RAJ. K.R, KAKKETHU HOUSE, KANINADU P.O., PUTHENCRUZ-682 310. BY ADV. MR.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): ------------------------ 1. CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 2. M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. R1 & R2 BY ADV. MR.T.A. SHAJI, SC, M.G.UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 27347 of 2009-K ------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T Heard Sri.V.V.Nandagopal Nambiar, 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 7th semester B.Tech Degree Examination in Electrical and Electronics Engineering conducted by the Mahatma Gandhi University in April/May 2009. Along with it he also appeared for the 8th semester examination. The results of both the examinations were published in August, 2009. The petitioner failed in the subject “Electrical Drawing” for which he appeared in the 7th semester examination. The petitioner therefore applied for revaluation by submitting Ext.P2 application dated 9.9.2009. The petitioner submits that he has secured high marks in all the other semester examinations and the remaining papers of the 7th semester examination and he is sure to secure a pass on revaluation. He submits that if there is inordinate delay in revaluing his answer scripts, he will be put to serious prejudice. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue his answer script in Electrical Drawing for which he appeared in the 7th semester B.Tech W.P(C) No. 27347 of 2009-K 2 Degree Examination. 3. Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University submits that as per the stipulations in the Examination Manual, the University requires 81 clear days from the date of publication of the results to complete the revaluation process and that the petitioner's answer script cannot be singled out and revalued as it will lead to loss of confidentiality. He also submits that the University will revalue the petitioner's answer script and communicate the result within the said period of 81 days, if the application is otherwise in order. 4. The Examination Manual is not a statutory regulation. It is only 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. I accordingly dispose of this writ petition with a direction to the W.P(C) No. 27347 of 2009-K 3 respondents to complete the revaluation of the petitioner's answer script referred to in Ext.P2 and to communicate the result to him within six weeks from the date on which he produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab