"Wholly Arbitrary": High Court Quashes Delhi University's Circular Not Considering Revaluation Result For Award Of Gold Medals
The Delhi High Court has quashed a circular of the Delhi University in so far as it does not take into consideration the revaluation result for award of gold medals and prizes to students.Calling it wholly arbitrary, Justice Rekha Palli set aside the circular dated 6th March 2014 which stated that award of Gold Medals and Prizes should be considered only in cases who passed the examination on...
The Delhi High Court has quashed a circular of the Delhi University in so far as it does not take into consideration the revaluation result for award of gold medals and prizes to students.
Calling it wholly arbitrary, Justice Rekha Palli set aside the circular dated 6th March 2014 which stated that award of Gold Medals and Prizes should be considered only in cases who passed the examination on the basis of original result declared by the University, adding that neither revaluation nor improvement will be taken into consideration.
The plea was filed by student who had taken admission in a college affiliated by the Delhi University in the year 2017 in B.A. (Hons.) (Economics) course.
The petitioner assailed the communication dated 18.02.2021 issued by the examination department of the University whereby she was informed that as per the resolution passed by the executive council, medals could be awarded only on the basis of the original marks secured by candidates. The petitioner consequently sought a direction to the University for awarding her the medal for the highest scorer in the said course for the academic session of 2017-2020.
Upon revaluation, the petitioner's marks in the "Indian Economy 2" paper was increased from 52 to 58 and her aggregate CGPA also increased from 9.595 to 9.635. However, before the result of the revaluation was declared, the respondent university released a tentative list of candidates who were to be awarded medals and prizes in its 97th annual convocation to be held on 27.02.2021.
Upon the petitioner's marks increasing in the revaluation of said paper, leading to a consequential increase in her aggregate CGPA, she approached the Dean, Examination Division with a request that she be also considered for grant of the medal to be awarded to the highest scorer in B.A.(Hons)(Economics).
Vide the impugned communication, the petitioner's request was rejected and she was informed that, as per the resolution passed, medals could only be awarded on the basis of the original marks secured by the candidate.
"No doubt, the Delhi University is one of the premier universities of the country and must adhere to its schedule for declaration of results so as to ensure award of degrees and medals/prizes to the deserving students. It is, however, equally important to ensure that medals and prizes are awarded only to the most deserving candidates," the Court said.
It added that merely because the University has to strictly adhere to a schedule for conferment of the degree and holding convocations, it cannot be permitted to act in such an arbitrary manner so as to cause injustice to students like the petitioner, who deserve to get the award.
"The very fact that the marks of the petitioner were increased, after she opted for revaluation of her exam in 'Indian Economy 2' goes to show that there was a clear error on the part of the examiner in evaluating her performance. The petitioner must get the benefit of the re-evaluation and the respondent just cannot simply turned a blind eyes to this aspect by contending that, in terms of the resolution dated 06.03.2014, the marks obtained by a student after revaluation cannot be taken into account when determining the topper for award of medals/prizes," the Court observed.
The Court was of the view that a student like the petitioner whose marks have been increased after revaluation is deprived of the Medal and Prizes to which she/he may be entitled, on the basis of his/her result in the revaluation, it will virtually amount to depriving the student of the benefit of increase in marks for no fault of his/her.
While allowing the petition, the Court directed the Delhi University to issue the awards and prizes for the highest scorer in B.A. (Hons.) (Economics) for the academic session 2017-2020 jointly to the petitioner and one Yashwani Shekhawat.
"The writ petition is accordingly allowed by quashing the communication dated 18.02.2021 as also the circular dated 06.03.2014 insofar as it relates to revaluation," the Court said.
Advocates Aakanksha Nehra & Sandeep Bajaj (PSL Advocates & Solicitors) appeared for the petitioner. Advocates Mohinder J. S. Rupal and B. Bhawani appeared for Delhi University.
Case Title: ANNIE GURMEHER KAUR v. UNIVERSITY OF DELHI & ANR
Citation: 2022 LiveLaw (Del) 296