DALEEP KUMAR BONI Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) THIS petition seeks to challenge orders of respondents No. 1 to 3 whereby the Gold Medal for the year, 1979 for M. Sc Mathematics Examination has been awarded to respondent No 4. The petitioner has neither placed on record any such order nor given any particulars thereof. However, the respondents in paras 8 and 9 of their counter affidavit have been clear and categoric in submitting that the petitioner secured marks much -less than those secured by respondent No. 4 Therefore, on a detailed security of the case, the University found respondent 4 to be eligible for the Gold medal of the year 19 9 for the said subject and as such granted the same in favour of respondent No 4

(2.) , The petitioner bases his claim on University Notification No. RA/SA/X/82/241 -42 dated 12 -4 1982 (Annexure A) whereby he was informed to participate in the forthcoming convocation held on April 25,1982 for receiving the Gold Medal as he had secured First Class First, in order of merit in his subject in that Examination.

(3.) SUBSEQUENT to the issuance of annexure -A, dispute seems to have arisen in faculty of Science with regard to petitioners eligibility for grant of the Gold Medal because respondent No 4, who also was a co -examinee in the said examination in the same subject claimed to have secured more marks than the petitioner. On this grievance coming to lime light, the University vide its Notification No. RA/RES/SA/82/432 36 dated April 23, 1982 decided to postpone the awarding of the Gold medal in the forthcoming convocation and directed that the said Medal be awarded after the matter would be properly "examined. As revealed by the reply affidavit filed on behalf of the University, respondent No. 4 has appeared in his previous examination in the annual session of the year 1977 as a regular candidate. His result was withheld on account of disputed eligibility. The result of M. Sc Examination was declared in Feb. 1987 (SIC) in which respondent No. 4 was placed in compartment in paper -Ill. The said paper was cleared by respondent No 4 in the same year, where after he appeared M. Sc Final Examination and passed in the same year i.e. 1979 and secured maximum marks in the said examination.