The interpretation of statutes should consider the specific circumstances and the underlying purpose of the statute.

1. Petitioner appeared in B. Pharmacy, 5th Semester examination, which was held in August-October, 2006. Petitioner took the examination under Roll no. 950. The students, including the petitioner, staged walk out in paper 5th ST-3, and petitioner was, accordingly, treated as absentee in the examination and her result was declared as re-appear in paper no. 5th ST-3. Petitioner thereafter took the examination, which was ordered to be conducted in respect of 5th (ST-3) paper. Petitioner conclusively passed the 5th semester of B. Pharmacy.

2. The case of the petitioner is that she has secured the first class first position and, thus, is entitled to receive the gold medal from the University authorities. When gold medal was not awarded to the petitioner, she was constrained to approach the Court with the prayer that respondents be directed to award gold medal to her.

3. On notice issued, respondents filed reply affidavit in which it is stated that petitioner could not pass the 5th semester of B. Pharmacy examination in first attempt, so she could not be awarded the gold medal in view of Statute No. 10:2 of the University Statutes. The said Statute provided that gold medal is to be awarded to a candidate who has taken and passed all the papers of a course in one attempt.

4. Heard learned counsel for the parties. Considered the matter.

5. Learned counsel for petitioner submitted that all the students staged walk out from the examination hall on the ground that question paper was out of syllabus. Learned counsel further submitted that as the examination of the said paper was subsequently held, petitioner passed the said paper and in view of the merit secured by her, viz. first class first position, she is entitled to get the gold medal, in terms of University Statutes. Learned counsel further submitted that denial of the gold medal to the petitioner, being in breach of University Statutes constrained the petitioner to approach this court praying therein for issuance of writ of Mandamus to command the respondents to obey the Statute and to award gold medal to the petitioner.

6. Learned counsel for the respondents submitted that in terms of Statute 10:2, a candidate, who has taken and passed the examination as a whole in the first attempt at the annual examination and secured first class first position shall be entitled for the award of gold medal. Learned counsel further submitted that as the petitioner could not pass the examination as a whole in the first attempt at the annual examination, she is not entitled to be awarded with gold medal. Learned counsel further submitted that when the result of the petitioner was declared, she was shown in paper 5th ST-3, as `re-appear’ vide result notification dated 06.01.2007. Learned counsel further submitted that examination of this paper was conducted by the university in respect of all the students by preponing the date of examination by about two months. Learned counsel further submitted that petitioner filed fresh examination form for taking examination in the 5th ST-3 paper. Learned counsel, accordingly, submitted that in this factual and legal background, petition deserves to be dismissed.

7. Statute 10:2 relevant for disposal of the case is noticed as under:

"10:2 Only those candidates who have taken and passed the examination as a whole in the first attempt at the Annual Examination and secured first class first position shall be entitled for the award of a Gold Medal."

8. This case has its own peculiar features. Petitioner, along with other students, reported in the examination hall for taking examination in paper 5th ST-3. Students protested, when they allegedly found that the question paper, which was provided to them and which they had to answer was out of syllabus. The students, in these circumstances, decided not to take the examination in the said paper and staged walk out. The University authorities, thereafter, conducted the said examination, in as much as, examination of paper 5th ST-

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