AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner joined the discipline of M.Sc. Geology. Session was 198587. It consisted of four semesters. In the third semester under course
no. 502, the question paper which was there was said to be out of syllabus. All the students are said to have boycotted the examination.
Thereafter, fresh paper was set. The examination of this paper was conducted/ alongwith 4th semester examination. The result of the third semester
was however, declared after the result of the fourth semester. There is dispute regarding the factual position as noticed above. The petitioner
submits that as he had obtained highest marks, therefore he is entitled to a gold medal.
The stand taken by the respondents is that as per Regulation 30, of the Statute governing Master's Degrees' programme, Gold medals and
prizes are to be awarded only to those students who pass the Master's degrees programme within the prescribed period of two academic sessions
consisting of four semesters. The petitioner, it is submitted did not qualify the said examination within the prescribed period of two academic
sessions. This is the stand taken in paragraph ""1"" of the preliminary objections. For facility of reference, this para is being reproduced below :
That as per the revision of statute 36 of statute governing Master Degree Programme (MDP), medals and prizes shall be awarded to the student
who pass Master Degree Programme examination within prescribed period of two academic years consisting of 4 semester. The petitioner has not
qualified the said examination within prescribed period of two academic years as such the petitioner is not entitled for the same and accordingly
writ petition is not maintainable and sustainable in the eyes of law"".
It is the further case of the respondent university that the conduct of the petitioner is not taking part in the examination was examined by a
Committee under the chairmanship of the Vice Chancellor. It is found that there was no valid ground for the students for not taking part in the third
semester examination. The result of this semester was also declared. The petitioner was asked to reappear in the course no. 502. It is accordingly,
submitted that the petitioner is not entitled to claim Gold Medal. Reliance is being placed on Regulation 36 of the Statute. This reads as under:
A candidate who dies not passes M.A/ M.Sc./ M.Com programme within the prescribed period of two academic years consisting of four
semesters shall not be entitled to a scholarship or a prize or a medal"".
A bare reading of the above statute makes it apparent that a candidate has not only to qualify the Master's Degree Programme in a period of
two years from the date the session takes place, but also to clear the semesters examination as and when held. The work prescribed period would
apply to each and every semesters. If a candidate who was supposed to appear in third semester failed to clear the examination of third semester,
then it would be presumed that he has failed to qualify the examination within the prescribed period of two academic sessions. The requirement of
this regulation is that a candidate must clear the examination within a period of two years, but also as and when they take place. In the third
semester the petitioner did not qualify as and when the examination was held. If this be the position, then the claim of the petitioner for Gold Medal
cannot be accepted.
This petition is found to be without merit and is dismissed.