Kerala High Court
Safaru V vs Mahatma Gandhi University on 12 October, 2009
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28617 of 2009(V)
1. SAFARU V., AGED 25 YEARS, S/O.ALI,
... Petitioner
Vs
1. MAHATMA GANDHI UNIVERSITY,
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
For Petitioner :SRI.P.FAZIL
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.28617 of 2009-V
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Dated 12th October, 2009
JUDGMENT
Heard Sri.P.Fazil, 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 5th semester supplementary B.Tech Degree examination in Electronics and Communications Engineering held in May/June, 2009 by the Mahatma Gandhi University. He failed in the paper "Micro Processor and Micro Controller". He had completed his course during the year 2007. When the results were published in August 2009, the petitioner again failed in the said paper. The petitioner failed in the papers "Artificial Intelligence". He has therefore applied for revaluation of his answer script by submitting Ext.P1 application dated 29.9.2009. The petitioner has also applied for scrutiny of his application by submitting Ext.P2 application dated 25.9.2009. He has also paid the requisite fee. The petitioner submits that he has not completed his course of study unless his answer script is expeditiously revalued. she has done well in the examination and that she is sure to secure a pass if her answer script is revalued. She also submits that she has passed all the other semester examinations and the remaining papers of 8th semester examination. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue her answer scripts in "Artificial Intelligence" and to communicate the result to her expeditiously, within a time limit to be fixed by this Court. W.P.(C)No.27203 2009-U : 2 :
3. Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University submits that as per the stipulations in the Examination Manual, the University requires 81 clear days from the date of publication of the results to complete the revaluation process and that the petitioner's answer script cannot be singled out and revalued as it will lead to loss of confidentiality. He also submits that the University will revalue the petitioner's answer script and communicate the result within the said period of 81 days, if her application is otherwise in order.
4. The Examination Manual is not a statutory regulation. It is only 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 students. I am therefore of the considered opinion that the 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 petitioner's answer W.P.(C)No.27203 of 2009-U : 3 : script in "Artificial Intelligence" and to communicate the result to her within six weeks from the date on which she produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University.
P.N.RAVINDRAN JUDGE