LAWS(KAR)-2012-11-107

PRAMILA C.K. Vs. UNIVERSITY OF AGRICULTURAL SCIENCES

Decided On November 19, 2012
Dr. Pramila C.K. Appellant
V/S
University of Agricultural Sciences represented by its Registrar Respondents

JUDGEMENT

(1.) This Writ Petition is directed against the selection list issued by respondent No. 3 dated 15.10.2011 produced at Annexure-D selecting fourth respondent as Assistant Professor of Seed Science and Technology. Brief facts leading to this case are that:

(2.) Sri. V. Lakshminarayana, learned Counsel for the petitioner confined his argument insofar as not awarding the requisite marks for acquiring higher qualification, not awarding marks for the Gold Medal secured by the petitioner, not awarding complete marks for the participation of the petitioner in Sports Event at National and University Level. To support his argument, he relied on the explanatory notes for award of marks. At Clause 1(e), in case of Higher Academic Training in a recognized academic/scientific professional institutions in relevant field for 21 days, the candidate would be awarded 5 marks. He relied on the certificate issued to the petitioner having undergone training for 17 days. He further relied on Clause (2) of the Explanatory Notes and pointed out that, the petitioner had secured Gold Medal. In her application, column relating to Gold Medal, petitioner has mentioned that she has enclosed the merit certificate. The merit certificate discloses that, the petitioner stood first in her batch of students with overall grade point average of 9.26 out of 10. Statute 26.1 relating to award of Gold Medal states that the grant of award of Gold Medal in each subject to a student securing highest overall grade point average with not less than 9 point. Petitioner having obtained 9.26 and being first in her batch, though at the time of filing of application, actual certificate of Gold Medal was not produced, but the certificate of merit read with Statute 26.1 of the University Statute makes it clear that, she had secured Gold Medal in terms of Clause 26.1 of the Statute. If this had been accepted, petitioner would have got three marks in terms of Clause 2 relating to Gold Medal.

(3.) Nextly, he contended that, for Sports and cultural activities, marks are prescribed. Petitioner had represented in six events and out of six events, three were National and three were University Level. If these certificates had been considered, petitioner would have been entitled for additional 1.5 marks, as she has been awarded only 2.5 marks. However, selection committee having not awarded, the requisite marks for which there could not have been any debate, petitioner has not been selected.