IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29013 of 2009(V)
1. ARUN KAPPEN, S/O.JOSEPH J.KAPPEN,
... Petitioner
2. JEFFREY SIMENTHY,
3. BABU.S.PULPEL, S/O.SASI.P.SEBASTIAN
Vs
1. THE CONTROLLER OF EXAMINATION,
... Respondent
2. THE MAHATMA GANDHI UNIVERSITY,
For Petitioner :SRI.K.R.MICHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :14/10/2009
O R D E R
P.N.RAVINDRAN, J
...........................................
WP(C).NO.29013 OF 2009
............................................
DATED THIS THE 14TH DAY OF OCTOBER, 2009
JUDGMENT
The petitioners appeared for the 8th semester B.Tech
Degree Examination in Mechanical Engineering conducted by
Mahatma Gandhi University in May-June 2009. The results were
published in August, 2009. The petitioners failed in various
papers. They have therefore applied for revaluation of their
answer scripts by submitting Exts.P1 to P3 applications. It is
submitted that petitioners 1 and 2 have also applied for scrutiny
of their answer scripts. The petitioners submit that they had
done well in the examination and that they are sure to secure a
pass, if their answer scripts are revalued. The petitioners also
submit that they are desirous of seeking employment and unless
their answer scripts are expeditiously revalued, they will be put
to serious prejudice. In this writ petition, the petitioners seek a
writ in the nature of mandamus commanding the respondents to
revalue their answer scripts and to publish the results
expeditiously.
Wpc 29013/2009 2
2. 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. As regards
scrutiny of the answer scripts, the learned Standing Counsel
submits that the scrutiny can be done within ten days from the
date on which a copy of this judgment is received by the
Mahatma Gandhi University.
3. 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
Wpc 29013/2009 3
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 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
scripts of the petitioners and to communicate the result to the
petitioners within six weeks from the date on which the
petitioners produce 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 petitioners produce a certified copy of this judgment
before him, also make arrangements for scrutiny of the answer
scripts referred to in Exts.P1 and P2, if applications for scrutiny
have been filed in time and the requisite fee has been paid.
P.N.RAVINDRAN,
JUDGE
lgk