The central legal point established in the judgment is the interpretation and application of Ordinance 5, which governed the award of Gold Medals based on the requirement of passing the entire course in the first attempt.

JUDGMENT :

[Purushaindra Kumar Kaurav, J.]

1. The present petition has been filed under Article 226/227 of the Constitution of India seeking direction to the respondent-University to recall their tentative list of Gold Medalists, in so far as it relates to award of Gold Medal to MBA (B & I) for the Academic Session 2008-2010 to respondent No. 2, and to pass appropriate directions for enlisting the name of the petitioner as amongst the awardees for Gold Medal in MBA (B & I) Course.

2. The brief facts of the case as stated by the petitioner are that in July 2008, the petitioner, after obtaining permission from her employer, took admission in MBA (B&I) in the Academic Session 2008-2010 in respondent No.1-University. In November 2010, the petitioner successfully cleared all 31 papers of the 6 trimesters of the course in respondent No.1-University, scoring 84.78 CPI, which was the highest amongst the students of the said academic session. Respondent No.1- University's official website published a tentative list of proposed Gold Medalists, which did not include the petitioner's name. Instead, the list mentioned the name of the respondent No. 2, who had a lower CPI of 80.68 and is also a part-time employee of respondent No.1-University. Hence, the present petition has been filed.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner obtained maximum aggregate marks of 84.5% and scored 84.78 CPI, which is the highest marks, obtained by any student for the concerned Session. According to her, the name of less meritorious candidate has been included in the list of Gold Medalist Awardees ignoring the claim of the petitioner.

4. The respondent No.1-University has filed its counter affidavit stating therein that the Gold Medal for the concerned Session was governed by Ordinance 5 of the University Ordinances, which deals with institution of medals, prizes and awards to outstanding students. According to respondent No.1-University, the applicable regulation shows that the Gold Medal can be awarded to the students, who pass the entire course for which he/she has earned credit, in the first attempt. It is, therefore, stated by learned counsel for respondent No.1-University that since the petitioner admittedly did not clear the course in one go, therefore, the name of the petitioner cannot be included in the list of awardees of the Gold Medalist. Paragraph Nos. 3, 4 and 5 of the counter affidavit of the respondent No.1-University are reproduced as under -:

“3. That the Ordinance 5 deals with Institution of Medals, Prizes and Awards to the outstanding students. The said Ordinance is reproduced below;

"ORDINANCE 5

The University may institute various medals, prizes, awards and certificates to the outstanding students pursuing various programmes in the Schools of Studies of the University, institutes and institutions maintained by the University or affiliated to it. The value of the awards/prices, eligibility conditions, methods and procedure of selection and mode of payment shall be as laid down in the regulations formulated from time to time separately for Schools of Studies of the University, Institutions and Institutes maintained by the University or affiliated to it.”

4. As provided for by Ordinance 5 of the University Ordinances, a regulation was framed on 21st September, 2009 with respect to the award of a gold medal to toppers of various programmes of studv. A copy of the said regulation with respect to award of gold medal is annexed herewith and marked as Annexure-R-1/1. A bare perusal of the said regulation would show that only those students are eligible for being considered for the award of a gold medal who have "passed the entire course for which he/she has earned credits, in the first attempt.”

5. It is submitted that the Petitioner is not eligible to be considered for grant of a gold medal since she has not passed the entire course in her first attempt. It is further submitted that the Petitioner had