The benefit of revaluation should be considered for deserving candidates, and resolutions debarring candidates from receiving awards based on revised results are unsustainable and arbitrary.

ORDER

Rekha Palll, J (Oral). - Vide the present petition preferred under Articles 226 and 227 of the Constitution of India, the petitioner assails the communication dated 18.02.2021 issued by the examination department of the respondent no.l, whereby she was informed that as per the resolution passed by the executive council of the respondent no.l/university on 06.03.2014, medals could be awarded only on the basis of the original marks secured by candidates. The petitioner consequently seeks a direction to the respondent to award her the medal for the highest scorer in B.A. (Hons.) (Economics) for the academic session of 2017-2020.

2. Before dealing with the rival submissions of the parties, the brief factual matrix may be noted.

3. In the year 2017, the petitioner took admission in B.A. (Hons.) (Economics), the respondent no. 2 college affiliated with the respondent no.l University, which course she completed in 2020. When the result of the sixth semester exams were declared on 02.11.2020, being dissatisfied with the marks obtained by her in the 'Indian Economy 2' paper, she opted to apply for revaluation in accordance with the guidelines of the University. Upon revaluation, the result whereof was declared on 11.02.2021, her marks in the 'Indian Economy 2' paper increased from 52 to 58 and consequently, her aggregate CGPA also increased from 9.595 to 9.635.

4. However, before the result of the revaluation was declared, the respondent university on 05.02.2021, released a tentative list of candidates who were to be awarded medals and prizes in its 97th annual convocation to be held on 27.02.2021. Upon the petitioner's marks increasing in the revaluation of the Indian Economy 2' paper, leading to a consequential increase in her aggregate CGPA to 9.635, she approached the Dean, Examination Division with a request that she be also considered for grant of the medal to be awarded to the highest scorer in B.A.(Hons)(Economics).

5. Vide the impugned communication dated 18.02.2021, the petitioner's request was rejected and she was informed that, as per the resolution passed by the executive committee of the respondent no.l on 06.03.2014, medals could only be awarded on the basis of the original marks secured by the candidate. She was further informed that neither the revaluation nor improvement could be taken into account while deciding the awardees for the medals, and since the petitioner's aggregate CGPA of 9.635, has been increased only due to the revaluation of her marks in 'Indian Economy 2\ she was not entitled to receive medals and prizes for being the highest scorer in B.A. (Hons.) (Economics). The relevant extract of the aforesaid communication reads as under:

"Dear Student

This is with reference to your e-mail dated 15.02.2021 regarding to consider your name for award for University award for scoring highest marks in B.A. (Hons.) Economics in 2020.

In this regard, it is to inform you that as per E. C. Resolution No. 122(6)/ 03/2014 - award of Gold Medals and Prizes should be considered only in cases who passed the examination on the basis of original results declared by the University. Neither revaluation nor improvement will be taken into consideration. Since your marks have been revised through revaluation, hence your request can not be acceded to.

Thanks & Regards Joint Registrar - Exams"

Being aggrieved by the aforesaid communication, the petitioner has approached this Court.

6. On 25.02.2021, when the present petition was taken up for preliminary hearing, learned counsel for the parties jointly submitted that the issue raised in the petition was similar to that raised in W.P.(C) 12195/2018 titled as Shivani Jindal And Ors. vs. University of Delhi And Ors. This Court, therefore, while issuing notice had granted interim stay directing the respondents to not confer the award for the highest scorer in B.A. (Hons.) (Economics) course for the Academic Session of 2017-2020 during the pendency of the writ petition.

7. Learned counsel for th