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2001 DIGILAW 37 (JK)

Braham Kumar Khajuria v. University Of Jammu

2001-02-13

T.S.DOABIA

body2001
JUDGMENT 1. The petitioner joined the discipline of M.Sc. Geology. Session was 1985-87. It consisted of four semesters. In the third semester under course no. 502, the question paper which was there was said to be out of syllabus. All the students are said to have boycotted the examination. Thereafter, fresh paper was set. The examination of this paper was conducted/ alongwith 4th semester examination. The result of the third semester was however, declared after the result of the fourth semester. There is dispute regarding the factual position as noticed above. The petitioner submits that as he had obtained highest marks, therefore he is entitled to a gold medal. 2. The stand taken by the respondents is that as per Regulation 30, of the Statute governing Masters Degrees programme, Gold medals and prizes are to be awarded only to those students who pass the Masters degrees programme within the prescribed period of two academic sessions consisting of four semesters. The petitioner, it is submitted did not qualify the said examination within the prescribed period of two academic sessions. This is the stand taken in paragraph "1" of the preliminary objections. For facility of reference, this para is being re-produced below: - "That as per the revision of statute 36 of statute governing Master Degree Programme (MDP), medals and prizes shall be awarded to the student who pass Master Degree Programme examination within prescribed period of two academic years consisting of 4 semester. The petitioner has not qualified the said examination within prescribed period of two academic years as such the petitioner is not entitled for the same and accordingly writ petition is not maintainable and sustainable in the eyes of law". 3. It is the further case of the respondent university that the conduct of the petitioner is not taking part in the examination was examined by a Committee under the chairmanship of the Vice Chancellor. It is found that there was no valid ground for the students for not taking part in the third semester examination. The result of this semester was also declared. The petitioner was asked to reappear in the course no. 502. It is accordingly, submitted that the petitioner is not entitled to claim Gold Medal. Reliance is being placed on Regulation 36 of the Statute. The result of this semester was also declared. The petitioner was asked to reappear in the course no. 502. It is accordingly, submitted that the petitioner is not entitled to claim Gold Medal. Reliance is being placed on Regulation 36 of the Statute. This reads as under: - "A candidate who does not passes M.A/ M.Sc./ M.Com programme within the prescribed period of two academic years consisting of four semesters shall not be entitled to a scholarship or a prize or a medal". 4. A bare reading of the above statute makes it apparent that a candidate has not only to qualify the Masters Degree Programme in a period of two years from the date the session takes place, but also to clear the semesters examination as and when held. The work prescribed period would apply to each and every semesters. If a candidate who was supposed to appear in third semester failed to clear the examination of third semester, then it would be presumed that he has failed to qualify the examination within the prescribed period of two academic sessions. The requirement of this regulation is that a candidate must clear the examination within a period of two years, but also as and when they take place. In the third semester the petitioner did not qualify as and when the examination was held. If this be the position, then the claim of the petitioner for Gold Medal cannot be accepted. 5. This petition is found to be without merit and is dismissed.