High Court Kerala High Court

Tijo Isac vs M.G.University Kottayam on 16 September, 2009

Kerala High Court
Tijo Isac vs M.G.University Kottayam on 16 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26034 of 2009(Y)


1. TIJO ISAC, CHITTELETTU HOUSE
                      ...  Petitioner
2. JIJO THOMAS KURIVILLA OTTAPALAEKAL
3. TOM MATHEW, MUKKADA HOUSE,
4. MOHAMMED ANSAR.P. SALAM,
5. BINU THAMPY, PATHIYIL HOUE,
6. FIDO BOSE MATHAI, ERAVIKULANGARA HOUSE
7. SNAHA MERYN THOMAS, KOTTARATHIL HOUSE
8. TIBU GEORGE MATHEW
9. SURAJ ABE THOMAS, VETTUPARAMBIL HOUSE
10. SHAROON.P.M. PADINJAREKKUTTE,

                        Vs



1. M.G.UNIVERSITY KOTTAYAM, REP. BY THE
                       ...       Respondent

2. THE CONTROLLER OF EXAMINATIONS,

                For Petitioner  :SRI.B.K.GOPALAKRISHNAN

                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. 26034 OF 2009
                        --------------------------
          Dated this the 16th day of September, 2009

                         J U D G M E N T

Heard Sri. B.K.Gopalakrishnan, 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 8th semester B.Tech

examination in different branches of Engineering held in May-June

2009 by the Mahatma Gandhi University. The results were declared

in August 2009. They failed in some papers. The petitioners have

therefore applied for revaluation of their answer scripts by submitting

Exts.P1 to P10 applications. It is submitted that the applications

were submitted in time and that the requisite fee has also been paid.

The details of the papers in which the petitioners have sought

revaluation are furnished in the form of a table at page 4 of this writ

petition. The petitioners submit that if their answer scripts are

revalued, they are sure to secure a pass and that unless their

answer scripts are revalued expeditiously, their career prospects will

be adversely affected. In this writ petition the petitioners seek a writ

W.P.(C) No. 26034/09
2

in the nature of mandamus commanding the respondents to revalue

their answer scripts and to communicate the results 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 the 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

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

W.P.(C) No. 26034/09
3

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

described in Exts. P1 to P10 applications and to communicate the

results 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

petitioners shall, in order to enable the respondents to act as directed

above, produce a certified copy of this judgment along with a copy of

this writ petition complete in all aspects, before the Controller of

Examinations, Mahatma Gandhi University.

P.N.RAVINDRAN, JUDGE

vps

W.P.(C) No. 26034/09
4