UNIVERSITY OF JAMMU Vs. JYOTIKA BHASIN
HIGH COURT OF JAMMU AND KASHMIR
UNIVERSITY OF JAMMU
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(1.) THE respondent writ petitioner on re -evaluation was found to have obtained 1169 marks in the discipline of M.Com examination. This
examination was conducted by the appellant University. On the basis of
this re -evaluation she was held entitled to be placed at S. No. 1 in the
merit list. She was also held entitled to claim a Gold Medal. She came to
be placed above respondent No. 2. It is this relief granted by the
learned Single Judge of this court in the writ petition preferred by
respondent no. 1 which is subject matter of challenge in this appeal.
(2.) THE course in question in which respondent no. 1 and respondent no. 2 appeared commenced in the year 1985. This was 1985 -87 session. This
consisted of four semesters Respondent no. 1 writ petitioner appeared in
the final semester of M.Com with other classmates in the month of
September, 1987. The result of this was declared on 27.12.1987.
Respondents no. 2 get 1163 marks whereas respondent no. 1 writ petitioner
get 1160 marks. Further, fact is that respondent writ petitioner was
shown in the category of reappear in course no. 504 of 3rd semester. This
examination was held in Feb. 1987. As a re -appear candidate she appeared
in October 1987. Before this she had appeared in 4th semester examination
in August, 1987. The result of the 4th semester was declared on
20.12.1987. The petitioner respondent no. ls result of the course 504 re -appear category of examination taken by her in October 1987 was
declared on 30.1.1988. On 30.1.1938 the mark position of respondent no. 1
writ petitioner and respondent no. 2 who figured as respondent no. 4 in
the writ petition was as under:
1) Respondent no./ writ petitioner = 1160 marks
2) Respondent no. 2 (respondent no.4 in the writ petition) =1163 marks.
(3.) THE petitioner/ respondent writ petitioner applied for revaluation. In this revaluation for course no. 504 the respondent writ
petitioner was held entitled to four more marks. With regard to
re -valuation of course no. 580 and 562 the respondent writ petitioner was
held entitled to extra 3 and 2 marks. In this way if 9 marks were added
then the writ petitioners total marks would have been 1169. She should
have come above to respondent no. 1. This was however not done. She filed
a petition in this court. The factual position was taken note of by a
learned Single Judge of this court. This was accepted. On this basis
respondent writ petitioner was held to be placed above respondent no. 2
She was also held entitled to Gold Medal. She was placed at S. No. 1 in
the merit list. This is what is being challenged in this appeal.
The learned counsel for the University submits that the respondent writ petitioner was not entitled to a Gold Medal. It is
submitted that the Gold Medal can be allowed only to a candidate who
clears the examination within the prescribed period of two academic years
consisting of four semesters. It is further stated that the Academic year
commenced in the year 1985 and it concluded in August 1987. As the
respondent writ petitioner did not clear the examination within the
academic year therefore, she is not entitled to a Gold Medal. With regard
to her claim for being placed at S. No. 1 in the merit list, it is urged
that even this relief cannot be granted. It is submitted that the relief
could only be granted if the impact of re -valuation would change the
character of the result. The character of the result means from "Fall" to
"Reappear" or "Compartment" or "Re -appear" to "Compartment" or "pass".
Change in division or position in the University merit list or where on
re -valuation the figure or score increased or decreases by 8% or more
marks allotted to the concerned paper. It is only in these circumstances
the change is to be given effect to. The relevant statues on which the
reliance is being placed on are statues 10, 36 and 41. These are being
"10. The effect of revaluation shall be given where the character of the result changes. The character means fail to re -appear or compartment, re -appear to compartment or pass or vice versa, change in division or position in the University merit list or where on revaluation the score increases or decreases by 8% or more of maximum marks allotted to the concerned paper".
36. A candidate who does not pass MA, M.Sc., M.Com programme within the prescribed period of two academic years consisting of 4 semesters shall not be entitled to scholarship or prize or a medal".
"41. Unless otherwise provided in the statutes or regulations. "Academic year" wherever mentioned shall mean the period from the date of commencement of formation of a class till the date of commencement of the annual examination held for the class".
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