Non-statutory guidelines cannot override the imperative for timely revaluation in educational settings to prevent student prejudice.

J U D G M E N T

Heard Smt. Sindhu Thankam, 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 6th semester B.Sc degree examination in Biotechnology held in May 2009 by the Mahatma Gandhi University. The results were published in August 2009. Though the petitioner secured more than 60% marks in the other subjects, failed in the paper on Animal Biotechnology. The petitioner therefore applied for revaluation of her answer script in Animal Biotechnology by submitting an application dated 25.8.2009. The petitioner submits that she has applied for and has been offered admission for the Post graduate course in Biotechnology in RVS College, Coimbatore. The petitioner submits that she had done well in the examination and that if her answer paper is revalued, she is sure to secure a pass and that unless her answer script is revalued expeditiously, she will be put to serious prejudice. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to revalue her answer script in Animal Biotechnology 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 petitioner's answer script 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 petitioner's application for revaluation will be considered and her answer script revalued, if her application is 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 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 script in Animal Biotechnology and to communicate the result to the petitioner within six weeks from the date on which the petitioner produces a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University.

P.N.RAVINDRAN, JUDGE vps