Kanwaljit Singh Ahluwalia, J. - (1.) IN the present writ petition, interpretation of Rule 3(B) of Rules for Preparation of Merit List and Award of Merit Certificates and Rules for Award of Medals and Conditions for the Awards of Medals (hereinafter called 'Rules') notified by Maharshi Dayanand Saraswati University, Ajmer (hereinafter called 'the University') is called for.
(2.) RULE 3 lays the condition for award of medals. It will be apposite here to reproduce Rule 3 of the above said Rules as under: - "3. Other Conditions for Award Medals: (a) Bachelor's Degree Examinations The candidate must have passed the examination in First Division and in the first attempt and also must have passed all the parts i.e. First year, Second Year and Final Year examinations, in the first attempt and in consecutive years. (b) Post -graduate Examinations (Academic) The candidate must have passed the examination in first division. He/She should have further passed both Previous and Final examination in the first attempt and in consecutive years. In the case of the Chancellor's Gold Medal, the recipient shall further satisfy the following condition: (i) He shall have obtained highest number of aggregate marks among the successful in the Faculty concerned at the examination held during the last 5 years and for this purpose the subjects assigned to each Faculty shall be as under: -" The question posed before this Court is as what is connotation of the word 'first attempt' and whether it may be interpreted to say that same will mean 'first occasion, first opportunity or at first instance'. Before this Court endeavour to opine, it will be apposite here to notice the brief facts of the case.
(3.) THE petitioner Sovila Mathur, enrolled herself as Non -collegiate student for Post Graduate Course in the stream of Economics, a course conducted by the University. It is admitted case of the petitioner and the University that M.A. (Economics) Course is of two years and a candidate has to pass papers in nine subjects to obtain degree of M.A. (Economics). In M.A. Previous, four subject papers are to be undertaken by the candidate and in M.A. Final, a candidate has to appear in five papers. It is also not denied by the counsel for the University that a candidate who appear in M.A. Previous in two papers, can carry forward other two papers to the next year and thus, candidates is provisionally promoted to the next year and is granted an opportunity to take remaining paper in the next year along with papers of M.A. Final. The petitioner in the present case enrolled herself as student for academic Session 2009 -2010. She appeared in two papers. In remaining two papers, she remained absent and those two papers were carried forward. In M.A. Final, she appeared in five subject papers along with two carry forward subjects of M.A. Previous. She passed all the seven papers and has obtained highest marks. On the basis of marks obtained by the petitioner, according to her counsel she is entitled to be awarded Gold Medal. The University in the convocation to be held on 5.10.2015 has decided not to award Gold Medal to the petitioner on the ground that she had not passed all papers in 'the first attempt'.;