Sunil Kumar Garg, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 25-2-1992 with a prayer that by an appropriate writ, order or direction, the respondent-University may be directed to confirm the provisional merit certificate issued to the petitioner No. 3-10-1991 (Annex.3) and it may further be directed to declare that the petitioner is entitled to get the merit certificate as well as the Gold Medal as a result of her first position in B.A. Examination, 1991.
(2.) That it may be stated here that this Court vide order dated 17.8.92 allowed the application of Smt. Deepti Lodha for impleading her as party in this writ petition and she was impleaded as respondent No. 2 in the writ petition.
(3.) The facts as put forward by the petitioner are as under:- (i) That the petitioner secured 71st position in her Secondary School Examination held by the Board of Secondary Education for Rajasthan at Ajmer in the year 1987. She secured 26th rank in her higher Secondary Examination in the year 1988 and 4th rank in her Senior Higher Secondary examination held in the year 1989. A photocopy of mark-sheet of Senior Secondary Examination is marked as Annex. 1. (ii) That further case of the petitioner is that at the time the petitioner passed her higher secondary examination, the Board of Secondary Education for Rajasthan introduced a Scheme of 10+2 examination and an option was given to the candidates either to take admission in the Senior Higher Secondary Class i.e. 12th Class or to take admission in the first year of three years degree course. (iii) That the petitioner opted for 12th Class and she passed the same in the year 1989. (iv) That after passing the Senior Higher Secondary examination, the petitioner got admission in the Second Year of Three years degree course in the University of Jodhpur (respondent No. 1). (v) That the petitioner topped the B.A. Final examination, 1991 as she secured 74.75% marks. A copy of mark-sheet of B.A. examination, 1991 is marked as Annex. 2, which reveals that she secured 897 marks out of 1200 marks. (vi) That the further case of the petitioner is that through certificate dtd. 3.10.1991 (Annex.3). the petitioner was awarded merit certificate stating that she stood first in B.A. Examination, 1991 held by the respondent No.1. (vii) That further case of the petitioner is that she came to know that the University was going to award gold medal to the student who stood first in B.A., but name of the petitioner was going to be excluded for getting the gold medal and therefore, she submitted representation dtd. 7-1-92 (Annex.4) and representation dt. 9.1.92 (Annex. 5) and ultimately, she sent a notice for demand of justice 31.1.92(Annex.6). (viii) That she came to know that gold medal would not be awarded to the petitioner despite the fact that she secured first position in B.A. examination, 1991. (ix) That the petitioner submits that the gold medal should have been awarded to the petitioner and for that respect, reliance has been placed on Ordinance 301 of the Jodhpur University Ordinance which reads as under: "Medals: Ordinance 301. "The university will award Gold Medals every year to students who stand first class first in Final degree and Post-graduate Examinations of the University." (x) It has been further submitted that because of Ordinance 301, the claim of the petitioner should have been accepted by the respondent No.1. Hence, this writ petition with the abovementioned prayer.;