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Raj Kumar Vs. Punjabi University, Patiala and Another - Court Judgment

SooperKanoon Citation
SubjectConstitution
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Writ Petn. No. 14832 of 1990
Judge
Reported inAIR1992P& H94
Acts Constitution of India - Articles 226 and 227
AppellantRaj Kumar
RespondentPunjabi University, Patiala and Another
Advocates: Jaswant Rai, Adv.
Cases ReferredJagat Narain Gupta v. The Punjab University
Excerpt:
.....appeal will lie. but, no writ appeal will lie against a judgment/order/decree passed by a single judge in exercising powers of superintendence under article 227 of the constitution. - 4. if the marks obtained after re-evaluation are not to be taken into consideration the very purpose of the re-evaluation is defeated......subsequently in cwp no. 5768 of 1990, decided on 13-9-1990 on somewhat identical facts had issued a direction to the university to award gold medal to the petitioner.4. in this view of the matter, the respondent-university is directed to awarduniversity medal to the petitioner without depriving respondent no. 4 of the university medal given to her.5. the writ petition stands allowed as indicated above.6. petition allowed.
Judgment:
ORDER

Amarjeet Chaudhary J.

1. The petitioner along with respondent No. 4 appeared in Master of Physical Education (one year Course) Examination in April, 1989, conducted by Punjabi University at Patiala. In the said examination respondent No. 4 obtained the highest marks-475 and stood first in the University The petitioner being dissatisfied with the result applied for re-evaluation of two papers i.e., Support Medicine and Planning and Supervision inPhysical Education. As a result of re-evaluation of the papers, the marks of the petitioner were increased in paper III from 48 to 79 and in paper V from 47 to 52 as a consequence of which the total marks stood changed from 448 to 484, as is apparent from the result-cum-detailed marks card Annexure P-2 petitioner thereafter moved representation dated 2-7-1990 to respondent No. 2 requesting that since the marks obtained by him were higher than that obtained by other candidates, therefore, he should be awarded University Medal and his case be referred to the University for the said purpose. However, when no reply was received, the petitioner moved another representation dated 22-10-1990 for the said purpose. But respondent No, 3 did not agree and turned down the request of the petitioner to grant him University Medal vide letter Annexure P4. The petitioner through this petition under Arts. 226/ 227 of the Constitution of India is seeking direction to the respondent to award University Medal to him, having secured the highest position in Master of Physical Education.

2. The stand of the respondents is that a candidate who gets highest position after the re-evaluation process will not be entitled to the Medal/Award of the University.

3. It cannot be disputed that the petitioner on the basis of papers had secured 484 marks and his marks were higher than respondent No. 4. If the marks obtained after re-evaluation are not to be taken into consideration the very purpose of the re-evaluation is defeated. The apex Court in Jagat Narain Gupta v. The Punjab University decided on 2-5-1989 (sic) Civil Appeal No. 91 of 1990 arising out of SLP Civil No. (s) 7674 of 1989, had observed that the cost of litigation will be several limes more than the cost of a Gold Medal and directed the University to grant Gold Medal. This Court subsequently in CWP No. 5768 of 1990, decided on 13-9-1990 on somewhat identical facts had issued a direction to the University to award Gold Medal to the petitioner.

4. In this view of the matter, the respondent-University is directed to awardUniversity Medal to the petitioner without depriving respondent No. 4 of the University Medal given to her.

5. The writ petition stands allowed as indicated above.

6. Petition allowed.


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