[2025:RJ-JD:43130]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 314/2024 Ms. Yagya Sharma D/o Shri Ashwini Kumar Sharma, Aged About 25 Years, Resident Of House No. C- 284, Rameshwar Nagar, Basni Phase-I, Jodhpur (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Government, Department Of Higher Education, Government Of Rajasthan, Secretariat, Jaipur.

2. Jai Narain Vyas University, Jodhpur Through Its Vice-

Chancellor

3. Registrar, Jai Narain Vyas University, Jodhpur.

4. Ms. Priya Shekhawat D/o Shri Daulat Singh Shekhawat, Resident Of Kudi Bhagtasani Housing Board, Jodhpur.

----Respondents For Petitioner(s) : Mr. Jitendra Choudhary For Respondent(s) : Mr. Deepesh Beniwal HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

25/09/2025 The present petition is filed with the following prayers:

“a) by an appropriate writ, order or direction the writ petition filed by petitioner may kindly be allowed.

b) by an appropriate writ, order or direction, impugned Communication dated 30.12.2023 (Annx.14) issued by the Assistant Registrar of the respondent- University as well as Provisional Gold Medal List, 2022 (Annx.3) and Final Gold Medal List, 2022 (Annx.11) issued by the respondent-University qua it rejects case of the petitioner for award of gold medal, may kindly be declared illegal and accordingly be quashed and set aside.

c) by an appropriate writ, order or direction, the respondent authorities may kindly be directed to consider the case of the petitioner for award of gold medal being first rank holder and having secured equal CGPA and marks to that of the respondent No.4 in M.Sc. Botany (Under Cosist) (Four Semester) Examination, 2022 and accordingly, include her name in the Final List of Gold Medal, 2022 forthwith.

d) Any other appropriate order, which this Hon’ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

e) Cost of writ petition may please be awarded in favour of the petitioner.”

A short controversy involved in the instant matter as that the petitioner and respondent No.2 have secured equivalent marks, howsoever as per the guidelines framed by the competent authority, gold medal can be awarded only to the person who has obtained higher CGPAs for maximum times.

Considering that it is an undisputed fact that petitioner and respondent No.4 have secured equivalent marks and lis in question is continuing from a long period, the same can be ended by way of mediation and conciliation approach.

Albeit, at initial stage, stout refusal was made by the learned counsel for the respondents, that as per the Rules framed by the University, though not having a statutory flavor, as per the above- said gold medal can be granted to the person having higher CGPAs for maximum times, however, considering the fact, the same can be ordered in the matter at hand. However, it is urged that the same shall not be considered as a precedence.

This Court holds that as equivalent marks are cumulatively obtained by the petitioner and respondent No.4, this Court is of an opinion that as there is no statutory impediment, this Court can allow grant of gold medal, by the senior most/ highest authority of the respondents within a period of eight weeks from the date of passing of this order. The administrative and other procedural formalities in this regard be complied with pronto.

In light of the above, the present petition is allowed. As the present order is passed considering the peculiar facts of the matter at hand, the instant order shall not be considered as a precedent.

Pending applications, if any, shall stand disposed of.

(SAMEER JAIN),J

331/DEEPAK