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2009 Supreme(Online)(KER) 25862
HIGH COURT OF KERALA
P.N.RAVINDRAN, J
GIJU BAIJU – Appellant
Versus
M.G.UNIVERSITY – Respondent
WP(C)/26731/2009
MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, SMT.DHANYA CHANDRAN, MR.A.HAROON RASHEED
The court established the principle that university regulations must not infringe on students' rights, especially concerning timely revaluation of examination papers.
Headnote:
Examination - Revaluation - Examination Manual - Sections 81 Days Requirement - The court emphasized expedient revaluation processes for students, ruling that the Examination Manual's timeline should not harm student rights.
Fact of the Case:
The petitioners, having taken B.Tech. examinations, failed and sought revaluation of their answer scripts, asserting their right to timely revaluation after results were published.
Finding of the Court:
The court ruled in favor of the petitioners, stating the university should not delay revaluation beyond a reasonable timeframe and that the Examination Manual cannot override student rights.
Issues: Whether the Mahatma Gandhi University was justified in adhering to an 81-day waiting period for revaluation in light of student interests.
Ratio Decidendi: The stipulations in the University’s Examination Manual could not undermine students' rights to prompt revaluation and result communication.
Final Decision: The court directed the university to complete revaluation within six weeks.
Judgment
Heard Sri.K.Jaju Babu, the learned counsel appearing for the petitioner and Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University.
2. The petitioners appeared for the eighth semester B.Tech.
degree examination in different branches of Engineering conducted by the Mahatma Gandhi University in May/June, 2009. They had also appeared for the examinations held in May, 2009 in respect of other semesters. The results were published on various dates in August, 2009. Even though they expected good marks, when the results were published they failed. The petitioners have therefore applied for revaluation of various answer scripts by submitting the originals of Exts.P1 to P13 applications. The petitioners submit that as they have completed their course and as they are sure to secure a pass in all the papers on revaluation, it is only just and proper that their answer scripts described in Exts.P1 to P13 applications are expeditiously revalued. In this writ petition, the petitioners pray for a writ in the nature of mandamus commanding the respondents to W.P. ©No.26731/2009 2 revalue their answer scripts described in Exts.P1 to P13 applications and to communicate the result expeditiously.
3. Sri.T.A.Shaji, the learned Standing Counsel appearing for the Mahatma Gandhi University submits that petitioners' 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 petitioners' applications for revaluation will be considered and their answer script 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 expeditiously disposed of, it will cause serious prejudice to the students. I am therefore of the considered opinion W.P. ©No.26731/2009 3 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.
5. 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 P13 applications and to communicate the results to the petitioners within six weeks from the date of receipt of a certified copy of this judgment. The petitioners shall, in order to enable the University to act as directed above, produce a certified copy of this judgment before the Controller of Examinations, Mahatma Gandhi University.
P.N.RAVINDRAN Judge vaa
