RAJ KUMARI Vs. PUNJABI UNIVERSITY PATIALA

JUDGEMENT

(1.) Raj Kumari Goel petitioner and Rakesh Kumar respondent appeared in M. A. final (Hindi) examination of the Punjabi University, Patiala in April, 1983. The result was declared in July, 1983. The respondent secured first position with 496 marks and the petitioner second with 491 marks out of 800. The respondent applied for re-evaluation of his answer books and as a result thereof he was declared to have secured 483 marks instead of 496. According to the Punjabi University Rules, a topper in M. A. examination is entitled to be awarded a gold medal and admission in M. Phil, against a reserved seat. The petitioner having failed to secure admission in M. Phil, and gold medal, has filed the present writ praying mandamus that she be declared first in M. A. final (Hindi) examination held in Aprl, 11, 1983, and be given the resultant benefits.

(2.) The Registrar, Punjabi University has averred in his return that in pursuance to the decision of the University Syndicate dt. May, 17, 1982, merit list prepared on the basis of first evaluation incorporated in the declared result is to be taken as final. He has further averred that Rakesh Kumar was admitted to M. Phil. Class on the basis of University declared result and it happened before the re-evaluation result was announced. The petitioner could not be admitted to this class due to her lower merit as compared to the respondent. By the time the re-evaluation result was declared more than half of the first semester of M. Phil, was over and at this stage no admission could be offered to any candidate, including the petitioner.

(3.) The stand of Rakesh Kumar is that he took the risk of re-evaluation because of the University rules that original merit list will not undergo a change as a result thereof.