IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27742 of 2009(K)
1. JUBY C.MAMMEN, D/O.C.T.MAMMEN,
... Petitioner
Vs
1. MAHATMA GANDHI UNIVERSITY, REPRESENTED
... Respondent
2. CONTROLLER OF EXAMINATIONS.
For Petitioner :SRI.C.S.MANU
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :07/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 27742 OF 2009
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Dated this the 7th day of October, 2009
J U D G M E N T
Heard Sri. C.S.Manu, 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
“VHDL”. She has therefore applied for revaluation of her answer
script by submitting Ext.P2 application dated 14.9.2009. The
petitioner has also paid the requisite fee prescribed for revaluation.
The petitioner submits that she has done well in the examination
and that she is sure to secure a pass if her answer script is
revalued. She submits that she intends to pursue higher studies
and that unless her answer script is revalued expeditiously, she will
be put to serious prejudice. In this writ petition, the petitioner seeks
a writ in the nature of mandamus commanding the respondents to
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revalue her answer script 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 answer
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
her answer script revalued, if her application is 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 for revaluation are
expeditiously disposed of, it will cause serious prejudice to the
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students. I am therefore of the considered opinion that 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 answer script
described in Ext.P2 and to communicate the result to the petitioner
within six weeks from the date on which the petitioner produces a
certified copy of this judgment before the Controller of Examinations,
Mahatma Gandhi University.
P.N.RAVINDRAN, JUDGE
vps
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