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Punjab & Haryana High Court Imposes Cost On University For Arbitrarily Denying Gold Medal To Student
Aiman J. Chishti
25 Sept 2024 9:00 PM IST
Observing that educational institutions are supposed to not only be sensitive towards the careers of their students but they are also supposed to adhere to their own Rules, the Punjab & Haryana High Court imposed a cost of Rs.25,000 on a university for "arbitrarily" denying Gold Medal in MSc to a student.Justice Jasgurpreet Singh Puri said, "The respondent-University is an...
Observing that educational institutions are supposed to not only be sensitive towards the careers of their students but they are also supposed to adhere to their own Rules, the Punjab & Haryana High Court imposed a cost of Rs.25,000 on a university for "arbitrarily" denying Gold Medal in MSc to a student.
Justice Jasgurpreet Singh Puri said, "The respondent-University is an Educational Institution. High responsibilities are attached to those educational institutions which are of the level of the Universities. Educational institutions deal with the lives and careers of their own students. They are supposed to not only be sensitive towards the careers of their students but they are also supposed to adhere to their own Rules and Regulations."
The Court further said that once an express law has been made which applies to the educational institutions then the same cannot be interpreted by adding their own words and making such kind of classifications which are not permissible under the law.
"It is not at the whims and fancies of the officers of the University including the Vice Chancellor to grant benefit to any student and to deny to any other student on hypothetical reasons as the same has been done in the present case," added the bench.
Rakesh Kumar had filed the plea seeking issuance of a writ in the nature of certiorari for quashing the notice issued by the Chaudhary Charan Singh Haryana Agriculture University and for quashing the letter passed by the Dean, whereby he was allegedly arbitrarily denied the gold medal in Msc.
After examining the submissions, the Court noted that "The issue involved in the present case is as to whether the petitioner is entitled for the award of Gold Medal in view of the Regulations, so described in the Calendar of the University and having a statutory force because the respondent-University has been created by an Act of Legislature."
The Court rejected the University's argument that even if the petitioner is having higher OGPA as per the rules, the petitioner is not qualified for the Gold Medal because he did not secure 25 credit hours in pursuance of the aforesaid Rule 3(iv) of Chapter XVIII.
Adding that the argument is unsustainable the Court said, "A perusal of the aforesaid Regulation 2 (4) of Chapter XVIII would show that a student must have taken at least 25 credit hours at the end of the first year and there is no further sub classification of the credit hours and the only interpretation of the aforesaid regulation would be of taking 25 credit hours at the end of first year."
A perusal of the definition of 'credit hours' which is so contained in Regulation 2.4 of Chapter II as reproduced above would clearly show that the aforesaid expression 'credit hours' starts with the word “means”. Therefore the scope of the aforesaid definition is exhaustive in nature, it added.
On the question of whether the Vice-Chancellor (VC) of the University has applied his mind and passed a reasoned order or not, the judge said there is no such document placed on record to show that VC applied his mind.
In light of the above, the Court directed the University to consider the case of the petitioner and pass a speaking order.
Mr. Harsh Mehla, Advocate for the petitioner.
Mr. Shreenath A. Khemka, Advocate for the respondent- University.
Title: Rakesh Kumar v. Chaudhary Charan Singh Haryana Agriculture University and others
Citation: 2024 LiveLaw (PH) 271
Click here to read/download the order