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2009 Supreme(Online)(KER) 13677
HIGH COURT OF KERALA
P.N.RAVINDRAN, J
CHANDU KURIAN THAMPI – Appellant
Versus
THE CONTROLLER OF EXAMINATION – Respondent
WP(C)/26757/2009
SRI.K.R.MICHAEL, SRI.FRANCIS JOSEPH KURISINKAL
University procedural manuals cannot supersede student rights to timely revaluation of examination scripts.
Headnote:
Revaluation - Examination Process - Examination Manual - Summary: The court addressed the issue of prompt revaluation of exam scripts despite the university manual's stipulation for a 81-day waiting period. The judgment emphasized student rights and set a deadline for the university's revaluation process.
Fact of the Case:
The petitioner, having failed two subjects in his B.Tech examination, requested revaluation of his answer scripts while having passed all other subjects. The university argued that revaluation could not be expedited due to confidentiality concerns and a procedural manual requiring a waiting period.
Finding of the Court:
The court found that the Examination Manual was not a statutory regulation and emphasized the need for expedited processing of revaluation requests, noting previous case law reinforcing the rights of students.
Issues: Whether the university's manual could dictate the timing of revaluation in a manner detrimental to student interests.
Ratio Decidendi: The court held that procedural guidelines should not hinder students’ rights and upheld the necessity for a swift revaluation process.
Final Decision: The court directed the university to complete the revaluation within six weeks after the petitioner submits a certified copy of the judgment.
Judgment
Heard Sri.K.R.Michael, 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 eighth semester B.Tech.
degree examination in Mechanical Engineering conducted by the Mahatma Gandhi University in May/June, 2009. The results were published in August, 2009. The petitioner failed in two papers 'Aerospace Engineering' and 'Production Engineering'. He has therefore applied for revaluation of his answer scripts by submitting Ext.P1 application. It is stated that the petitioner has also paid the requisite fee. The petitioner submits that if his answer scripts in 'Aerospace Engineering' and 'Production Engineering' are revalued, he is sure to secure a pass in the above papers also. He also submits that he has passed all the other semester examinations. On these grounds, he seeks a writ in the nature of mandamus commanding the respondents to revalue his answer scripts in W.P. © No.26757/2009 2 'Aerospace Engineering' and 'Production Engineering' and to communicate the results expeditiously.
3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioner's answer scripts 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 his answer scripts revalued, if the 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 inUniversity 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 W.P. © No.26757/2009 3 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 Ext.P1 application and to communicate the results 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 vaa
