Mahesh Grover, J. - (1.) THE grievance of the Petitioner is that she has excelled and has topped the examination of Bachelor of Physiotherapy course and deserves recognition by way of a medal in the convocation to be held on 4.2.2011.
(2.) THE Respondents are not considering her case for the reason which has been disclosed in the reply which they have filed in response to the notice of motion and which is extracted herebelow: - This is to inform you that the candidate Ms. Simerpreet Kaur who has got the highest percentage of marks and is eligible for silver medal had recently applied for the post of Junior Physiotherapist advertised in the Department of Physical Medicine & Rehabilitation, PGI despite her result not have been declared. During scrutiny of applications, it was found that she instead of mentioning the word "result awaited" she had wrongly mentioned her marks in the column "marks obtained" by showing herself to have passed even before the declaration of the result. Having came to know about this, she had submitted a written apology about this. Keeping in view the instructions approved by the Staff Council at its meeting held on 3.4.1979 (copy enclosed), the department does not find Ms. Simerpreet Kaur to be fit for the Silver Medal. As far as the name Ms. Shivani Panwar for the Bronze Medal is concerned, the Department found her fit and recommended her name for the Bronze Medal or Silver Medal, as appropriate. With regards, Yours sincerely,Sd/ -M.S. Dhillon The Petitioner contends that she had no intention of mis -leading the Respondents while making such a declaration before them at the time of seeking the appointment to the post of Junior Physiotherapist.
(3.) THE Respondents on the other hand contend that the act of the Petitioner was fraudulent and it is as a measure of benevolence that her candidature was not cancelled but she doe not deserve recognition for her fraudulent act.;