Manikantan P. vs Vice Chancellor and The Controller of Examinations Mahatma Gandhi University

K. Vinod Chandran, J.—The petitioner a B.Tech student who completed the course, has secured First Class marks in all subjects except Electrical Drawing(G), on his appearance in the supplementary examination conducted in December, 2012. He was awarded only 32 marks for the said subject and hence he applied for the revaluation. The application for revaluation has been submitted on 25.4.2013 and the petitioner has filed the above writ petition on 30.4.2013. The petitioner''s apprehension is that he would be denied the opportunity to secure employment abroad if revaluation is not done expeditiously. This court has in Nithya v. Cochin University of Science & Technology (2012 (1) KLT 584) laid down broad guidelines for effecting an expeditious disposal of applications for revaluation and also expressed the Court''s dismay at the Universities not having framed appropriate regulations for the said purpose. While hoping that the same would be done, the learned Single Judge also issued a specific direction that in respect of revaluation, the directions issued by the Courts shall be strictly complied with and the failure to do so would be at the risk of cost and damages that the Court may deem fit in appropriate cases. In paragraph 7(h), this court prescribed a period of 45 days from the last date fixed for applying for revaluation; for publication of revaluation results.

In the instant case, remittance of fees for revaluation was allegedly made by the petitioner on 25.4.2013 and the petitioner has approached this court with the above Writ Petition dated 30.4.2013 long before the prescribed period of 45 days is over. At this stage, there is no warrant for this court to presume that the University will not comply with the directions and finish the revaluation within time; failing which, in any event, safeguards have been prescribed in the aforesaid judgment. In such circumstances, this court is of the opinion that this writ petition is premature and is only liable to be dismissed. However, reminding the University of the consequences which should follow if the revaluation is not completed in time, going by the aforesaid judgment. The Writ petition is hence dismissed without costs.