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2009 DIGILAW 837 (KER)

Divya Ponnan v. Mahatma Gandhi University

2009-09-08

P.N.RAVINDRAN

body2009
Judgment :- Heard Sri.S. Muhammed Haneef, 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 8th semester B.Tech Degree Examination in Computer Science & Engineering held by the Mahatma Gandhi University in May/June 2009 with Register No. 11087. Though the petitioner secured more than 70% marks in other subjects she failed in the paper on Principles of Programming Language, in which she secured only 31 out of 100 marks. Seeking revaluation of her answer script in the said paper, the petitioner has filed Ext.P1 application before the respondents. The petitioner submits that she has been offered admission for the M.Tech degree course in Karunya Institute of Engineering and Technology at Coimbatore and that unless the revaluation is completed before the end of September 2009, she will be denied admission for the M.Tech degree course. The petitioner submits that if her answer script in Principles of Programming Language is revalued, she is sure to secure a pass. 3. Sri.T.A.Shaji, the learned standing counsel appearing for the W.P(C) No.25366 of 2009-M 2 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 application 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 the 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 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 script referred to in Ext.P1 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.