IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26544 of 2009(K)
1. MUHAMMED SABIN.K.P,S/O.K.S.PAREED,
... Petitioner
2. NIHANT.K.S,S/O.SIVAN.K.R,KOTTILAPPILLY
3. JINO PAUL,S/O.PAUL.P.V,PANICHIKUDY HOUSE
4. FIDHA HUSSAIN,S/O.HUSSAIN.C.M,
5. SHYJU.R,S/O.RAMANAN.B,SHYNI NIVAS,
6. MUHAMMED NISHAD.K,S/O.MUHAMMED.K,
Vs
1. THE CONTROLLER OF EXAMINATIONS,
... Respondent
For Petitioner :SMT.RESHMI JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :22/09/2009
O R D E R
P.N. RAVINDRAN, J.
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W.P.(C) No. 26544 of 2009 K
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Dated this the 22nd day of September, 2009
J U D G M E N T
Heard Smt.Reshmi Jacob, the learned counsel appearing for
the petitioners and Sri.T.A.Shaji, the learned standing counsel
appearing for the Mahatma Gandhi University.
2. The petitioners appeared for the seventh semester B.Tech
degree examination in Electrical and Electronics Engineering in the year
2008. They failed in the paper on Electrical Drawing. They, therefore,
appeared for the supplementary examination held in May 2009.
Simultaneously, they also appeared for the eighth semester examination
held in May-June 2009. The results of the seventh and eighth semester
examinations were published in August 2009. The petitioners passed all
the papers of the eighth semester. They, however, again failed in the
paper on Electrical Drawing for which they had appeared in the
supplementary seventh semester examination conducted in May 2009.
The petitioners have, therefore, applied for revaluation of their answer
scripts in Electrical Drawing by submitting the originals of Exts.P7 to
P12 applications. They have also paid the requisite fee. The petitioners
submit that they have done well in the supplementary examination and
WPC.26544/09
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that if their answer scripts are revalued, they are sure to secure a pass
in the examination. They submit that as they have completed their
studies and have also passed the other semester examinations including
the eighth semester, it will cause serious prejudice to them, if their
answer scripts in Electrical Drawing are not expeditiously revalued. In
this writ petition, the petitioners seek a writ in the nature of mandamus
commanding the respondents to revalue the answer scripts described in
Exts.P7 to P12 applications 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 petitioners’ applications
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.
4. The Examination Manual is not a statutory regulation. It is
a Manual prepared by the University for its guidance. The stipulations
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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 Vs. 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 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 described
in Exts.P7 to P12 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.
Sd/-
(P.N. RAVINDRAN, JUDGE)
aks
// True Copy //
P.A. to Judge