RUJUTA A BORKAR Vs. GOA UNIVERSITY

JUDGEMENT

(1.) The petitioner, in this petition has taken exception to a part of Ordinance No 5 15 (iv) of Goa University Ordinances on the ground that the same is arbitrary and therefore unconstitutional the said ordinance reads as follows - (iv) The revised marks obtained by a candidate after revaluation as accepted by the University shall be taken into account for the purpose of amendment of his/her result, if applicable, in accordance with the rules of the university in that behalf, but these marks shall not be taken into account for the purpose of award of scholarships, prizes, medals and/or the order of merit as stated above, the challenge is to the underlined portion of the said ordinance

(2.) Some basic facts are required to be stated to dispose of this petition.

(3.) The petitioner appeared for final year B. A. degree course in the year 2003-2004 with English as major subject and secured a third rank, obtaining 504 out of 700 marks. However, the petitioner being dissatisfied with the marks obtained by her, applied for reverification and in the said reverification obtained 541 out of 700 marks and thereby the ranking of the petitioner went up from 3rd to 1st. By virtue of having secured the first rank, the petitioner was entitled to be awarded a gold medal and a certificate of merit and therefore the petitioner approached the University by her letter dated 1-11-04. However, the petitioner was informed by letter dated 19-11-04 that by virtue of the said ordinance the petitioner would not be entitled to a change in merit position, thereby conveying to the petitioner that she would not be entitled to the prize and certificate of merit which she would otherwise have been entitled to.