NAHIDA BHAT Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) Petitioner appeared in B. Pharmacy, 5th Semester examination, which was held in August-October, 2006. Petitioner took the examination under Roll no. 950. The students, including the petitioner, staged walk out in paper 5th ST-3, and petitioner was, accordingly, treated as absentee in the examination and her result was declared as re-appear in paper no. 5th ST-3. Petitioner thereafter took the examination, which was ordered to be conducted in respect of 5th (ST-3) paper. Petitioner conclusively passed the 5th semester of B. Pharmacy.

(2.) The case of the petitioner is that she has secured the first class first position and, thus, is entitled to receive the gold medal from the University authorities. When gold medal was not awarded to the petitioner, she was constrained to approach the Court with the prayer that respondents be directed to award gold medal to her.

(3.) On notice issued, respondents filed reply affidavit in which it is stated that petitioner could not pass the 5th semester of B. Pharmacy examination in first attempt, so she could not be awarded the gold medal in view of Statute No. 10:2 of the University Statutes. The said Statute provided that gold medal is to be awarded to a candidate who has taken and passed all the papers of a course in one attempt.