PUJA SAXENA Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA AND OTHERS

JUDGEMENT

(1.) This is a petition for quashing letter/memo dated 28.1.2003 (Annexure P3) vide which Superintendent (Exam. Ill) of Ku- rukshetra University, Kurukshetra (for short, the University) informed the petitioner that she will be awarded Degree only at the Convocation Scheduled to be held on 4.2.2003 because some formalities are to be completed for determining the Medal/Merit Certificate. The other prayer made in the writ petition is to direct respondent Nos.l and 2 to withdraw "Dr. Kamal Bhardwaj Medal, 2002" (hereinafter referred to as 'the Medal') awarded to respondent No. 3 and confer the same on the petitioner.

(2.) The petitioner took admission in M.A. (Economics) Course in the University in 2000. She passed M.A. Part-I by securing 262 marks out of 400 and M.A. Part-II (Final) examination by securing 257 marks out of 400. She was declared first in M.A. (Final) Economics. Vide letter dated 20.1.2003 (Annexure PI), Deputy Registrar (Regn. & Sch.) of the University informed the petitioner that by having secured the highest marks in M.A.(Final) Economics examinations held in 2002, she has become eligible to be awarded the Medal at the Con vocation. She was asked to come for rehearsal on 3.2.2003. However, just after seven days, the Superintendent (Exam. Ill) sent letter Annexure P3 superseding memo Annexure PI and informed the petitioner that she will be awarded Degree only at the Convocation. On receipt of Annexure P3, the petitioner addressed representation dated 31.1.2003 (Annexure P4) to the Vice Chancellor and Controller of Examinations of the University, but failed to evoke any response from the latter. In the Convocation held on 4.2.2003, the Medal was awarded to respondent No. 3-Smt. Rekha Gupta by treating her the most meritorious student.

(3.) The petitioner has challenged the award of the Medal to respondent no. 3 on the ground of violation of the provisions contained in Ordinance No. XVII of University Calendar, Volume-I (1997 Edition) and mala fides. She has averred that even though, in terms of the relevant statutory provisions of the University Calendar, respondent No. 3 was not eligible, she succeeded in manipulating the award of the Medal with the help of her father-Shri O. P Gupta (respondent No. 4), who was then Chairman of the Unfair Means Committee of the University.