High Court Kerala High Court

Abin Benny vs The Controller Of Examinations on 16 September, 2009

Kerala High Court
Abin Benny vs The Controller Of Examinations on 16 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26109 of 2009(G)


1. ABIN BENNY, S/O.BENNY MATHEW,
                      ...  Petitioner

                        Vs



1. THE CONTROLLER OF EXAMINATIONS,
                       ...       Respondent

                For Petitioner  :SRI.JOSE DAVIS

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :16/09/2009

 O R D E R
                          P.N.RAVINDRAN, J.
                          ---------------------------
                       W.P.(C) No. 26109 OF 2009
                           --------------------------
              Dated this the 16th day of September, 2009

                            J U D G M E N T

Heard Sri.Jose Davis, 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 Electronics and Communication 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 Television

Engineering. The petitioner has therefore applied for revaluation of his

answer script by submitting the original of Ext.P1 application. The

petitioner has also requested for scrutiny of his answer script. The

petitioner has also paid the requisite fee prescribed for revaluation and

scrutiny. The petitioner submits that if his answer script in Television

Engineering is revalued, he is sure to secure a pass. He also submits

that he has been offered admission for higher studies in CURTIN

University of Technology, Australia and unless his answer script is

revalued expeditiously 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 Television

W.P.(C) No. 26109/09
2

Engineering expeditiously and 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 application 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 the

application is in order, within the aforesaid period. As regards scrutiny of

the answer script, the learned Standing Counsel submits that 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 the University should not wait for the expiry of 81 clear days from the

W.P.(C) No. 26109/09
3

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 answer script described in

Ext.P1 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 answer script, if the petitioner has applied

for the same and has paid the prescribed fee.

P.N.RAVINDRAN, JUDGE

vps