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2023 Supreme(J&K) 379

SINDHU SHARMA, PUNEET GUPTA
Yasir Altaf, S/o Mohammed Altaf Bhat – Appellant
Versus
National Institute of Technology (NIT) – Respondent


Advocate Appeared:
For the Appellant :Mr. N. A. Ronga, Advocate.
For the Respondent:Mr. Nazir Ahmad Bhat & Mudasir Ahmad Malik, Advocates, Mr. Nissar Ahmad, Advocate.

JUDGMENT :

PER PUNEET GUPTA, J.

1. The appellant was not party to the OWP No. 1537/2012 which came to be allowed in favour of the respondent herein-Nasir Ahmed Rather with a direction that respondents shall issue degree certificate and the gold medal in favour of the petitioner having undergone M.Tech course in Water Resources Engineering and having topped the results in 2012 in terms of the Senate Resolution passed for 2012 annual convocation.

2. The case set up by the appellant in the present appeal is that the appellant is infact entitled to gold medal and not the private respondent as the respondent has undergone a written repeat examination for backlog of papers in second semester of the M.Tech course. It is also submitted that the NIT Srinagar was not a deemed University prior to the year 2004 but was a College, namely, Regional Engineering College (REC) affiliated with the University of Kashmir and was regulated by the Statute of University of Kashmir pertaining to admissions and other allied procedure of the REC including the award of gold medal to the toppers of the College. The respondent No.1 having not adopted any other rules and regulations for award of gold medal the S

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