IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35841 of 2009(A)
1. JERIN JAMES.M, S/O.JAMES,
... Petitioner
Vs
1. KANNUR UNIVERSITY REPRESENTED BY ITS
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
For Petitioner :SRI.P.BABU
For Respondent :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/12/2009
O R D E R
P.N. RAVINDRAN, J.
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W.P. (C) No. 35841 OF 2009
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Dated this the 11th day of December, 2009
J U D G M E N T
Heard Sri.P.Babu, learned counsel appearing for
the petitioner and Sri.M.Sasindran, learned counsel appearing
for the respondents.
2. The petitioner appeared for the 5th semester B.Tech
Degree examination in Electronics and Communication
Engineering conducted by Kannur University in January, 2009.
He thereafter, completed his course of study and passed the
8th semester examination. He has also passed other semester
examinations. The result of the 5th semester examination was
published on 12.11.2009. The petitioner failed in the two
papers in which he had appeared in the said examination. He
had therefore applied for revaluation of his answer scripts in
the said two papers by submitting Ext.P2 application dated
26.11.2009. It is stated that the requisite fee was also paid on
the same day.
3. The learned counsel appearing for the petitioner
submits that the petitioner has completed his course of study,
WPC.35841 of 2009
: 2 :
that he has passed all the other semester examinations and
the remaining papers of the 5th semester, that he had done
well in the examination and that if his answer scripts are
revalued, he is sure to secure a pass. He submits that as the
University took more than ten months to publish the result of
the examination held in January, 2009, unless this court
directs expeditious revaluation, his answer scripts will not be
revalued in the near future. In this writ petition, the
petitioner seeks a direction to the respondents to
expeditiously revalue the answer scripts of the 5th semester
B.Tech Degree Examination conducted in January, 2009.
4. Sri.M. Sasindran, the learned Standing Counsel
appearing for the Kannur University submits that as per the
stipulations in the Examination Manual, the University
requires a minimum of 105 days to complete the revaluation
process. He submits that if the petitioner’s application is in
order, the University will take expeditious steps to revalue his
answer scripts and to publish the results within the aforesaid
period.
5. The Examination Manual is not a statutory regulation.
It is only a manual prepared by the University for its guidance.
WPC.35841 of 2009
: 3 :
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 Universities 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 105 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 take steps to have the
petitioner’s answer scripts described in Ext.P2 application
revalued 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, Kannur
University.
(P.N. RAVINDRAN, JUDGE)
jma //True Copy//
P.A. to Judge