MAYADHAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner assails the decision of Utkal University, in awarding the Gold Medal in favour of Opp. Party No. 9 for having secured the highest mark in LL.M. Examination, 1996.

(2.) THE main thrust of argument of Sri B. Rath, Learned Counsel for the petitioner is that under the Rules for award of Gold Medals formulated by the University, the Gold Medal is to be awarded to the First Position holder in a subject like LL.M., who is a regular student of the University, has completed the course and appeared and the examination within the normal period as stipulated in the Regulation without any repeat or back paper. The petitioner has cleared Part -I and Part -II of LL.M. Examination at the end of each part of the course and secured 652 marks in aggregate out of the total of 1000 marks and that being the highest mark secured in the examination, without missing any chance he ought to have been awarded the Gold Medal. But the University illegally and contrary to the Rules and Regulations has awarded the Gold Medal in favour of Opp. Party No. 9, who has appeared at both the parts together at the end of Second Part only without clearing each part separately at the end of each academic course on the plea that the said opposite party has secured more marks than the petitioner.

(3.) IN view of the Pleadings of the parties, the question for determination is as to what are the condition or eligibility for award of Gold Medal to a student passing LL.M. Examination with highest mark and as to whether the petitioner or the Opp. Party No. 9 was eligible to be awarded the Gold Medal, 1996 in accordance with the said rules.