Punjab-Haryana High Court
Nisha Rani vs Union Of India & Ors on 18 October, 2016
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.9241 of 2016
Decided on : 18.10.2016
Nisha Rani
... Petitioner
Versus
Union of India & others ... Respondents
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
Present : Mr.Gaurav Rana, Advocate, for the petitioner.
None for respondent No.1.
Mr.R.K.Ravesh, Advocate, for respondents No.2 & 3.
Mr.Yashdeep Nain, Advocate, for
Mr.Kuldeep Tiwari, Advocate, for respondent No.4.
G.S. Sandhawalia, J. (Oral)
Petitioner seeks quashing of the First Rank Holder Certificate and Gold Medal granted to respondent No.4 by respondent No.2.
The grouse of the petitioner is that she had secured 8.80 CGPA whereas the private respondent No.4 had secured 8.67. Inspite of more marks, she had not been considered by the University for the Gold Medal award and the First Rank Holder Certificate.
Respondents No.2 & 3, in their reply, have submitted that the result of the 4th semester was declared on 05.08.2014. As per rule, only M.Tech final year candidates who had submitted their thesis/dissertation upto 30th June of the final academic year were to be considered for the award of Gold Medal. It was, accordingly, averred that the petitioner did not fulfill the said criteria as she had not submitted the thesis/dissertation by the cut-off date and accordingly, the Gold Medal was awarded to the private-respondent, who had submitted her 1 of 2 ::: Downloaded on - 29-10-2016 08:22:18 ::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9241-2016 -2- thesis/dissertation before the said date. Relevant rules whereby the award of Gold Medal is to be given, according to the merit-list, reads as under:
"3. For those Programmes where there is a requirement of thesis/dissertation for the partial fulfilment of the degree, the candidates who have submitted their thesis/dissertation up to 30th of June of the final academic year of their studies shall be considered for the award of Gold Medal."
It is also to be noticed that the petitioner had been informed of the reason for the non-grant of the gold medal, in reply to the legal notice dated 28.04.2016 (Annexure R3). The said rule has also been approved as per Item No.9.35 of the resolution of the University. In the absence of any challenge, as such, being raised to the said rule, the petitioner cannot be granted the benefit, as prayed for.
The contention of counsel for the petitioner that the petitioner being higher in rank is entitled for at least First Rank Certificate, is also without any basis as the Gold Medal would necessarily have to be awarded to the First Rank Holder, i.e., the private respondent No.4, who had qualified the said test by the time prescribed as per the Rules.
Accordingly, finding no merit in the present writ petition, the same is, hereby dismissed.
OCTOBER 18th, 2016 (G.S. SANDHAWALIA)
sailesh JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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