The Allahabad High Court on Monday has directed the awarding of Professor P.D. Hazela Gold Medal to the meritorious student securing maximum marks by promotion in the next semester on the basis of full marks of MA Previous semester of Economics subject of Allahabad Central University.
A single-judge bench of Justice Manju Rani Chauhan passed this order while hearing a petition filed by Abhishek Kumar Singh.
The petition has been filed for the following relief: “I. To issue writ, order or direction, in the nature of certiorari quashing the candidature of Respondent No.5 included the list for awarding of Professor P.D. Hazela Gold Medal for M.A. (Previous) Economics subject. II. To issue writ, order or direction, in the nature of Mandamus directing and commanding the Respondents to grant the Professor P.D. Hazela Gold Medal for M.A. (Previous) Economics subject to the petitioner, who is admittedly the highest scorer in both the semesters of M.A. (Previous) Economics subject. III. Issue any other such writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of 2 the case. IV. To award the cost of the petition.”
As the matter was being taken up on November 1, a pointed query was raised by the Court to the counsel for the respondent-University with respect to the guidelines adopted in the matter of awarding Professor P.D. Hazela Gold Medal for M.A. (previous) in Economics as well as Sanskrit and Philosophy.
The counsel submitted that he is not in a position to place before the Court any such guidelines which have been framed by the respondent-University for the purpose, rather he submits that to the best of his knowledge there are no such guidelines.
To the second query raised by the Court with respect to the fact as to why (Semester Grade Point Average) S.G.P.A. has been calculated taking into consideration the marks obtained in the End Semester, whereas, as per the decision taken by the Examination Committee in its meeting held on 23rd September 2020 in special circumstances like Pandemic (Covid-19) situation, while promoting the Post Graduate Students, marks of Next Semester were to be calculated adding 10% increment of marks obtained in the Previous Semester, the submission is that the since the internal assessment for the Second Semester was already done, therefore, 10% increment of marks was awarded in the End Semester only, as the examination for the End Semester (Second Semester of Economics) could not take place.
However, the Court observed that submission of the counsel for the respondent University cannot be accepted, as the same itself is contrary to the decision of the Examination Committee taken in its meeting held on 15th June 2020, in special circumstances like Pandemic (Covid-19) situation, in which the method of assessment to be followed while assessing the students in the Final Semester or Second Semester has been given, which is very clear with respect to the fact that the overall performance of the Previous Semester has to be taken into consideration while evaluating/assessing the marks of the students.
The Court clarified that in the case where the sessional assessment has not been carried out till that date, in the current Semester, it will be done by giving assignments to the students and subsequent evaluation of the assignments.
The same guideline/procedure has been accepted/followed by the Examination Committee in its meeting held on 23rd September 2020, i.e. 10% of marks obtained in the Previous Semester have to be added for promoting the students to the Next Semester, meaning thereby that the students will be promoted to the Next Semester by calculating the marks, adding 10% increment on the marks obtained in the previous Semester.
To the query raised by the Court in its earlier order dated 28th October 2021, as to why the respondent-University is awarding such a medal like Professor P.D. Hazela Gold Medal for other subjects like Sanskrit and Philosophy on the basis of aggregate of marks secured in the First Semester, the respondent-University submits that since there was a tie on the basis of S.G.P.A., therefore, this method has been adopted.
On perusal of the marks obtained by the students of subject Sanskrit, it has been found that even the method adopted while calculating the S.G.P.A. was not proper, even if the same method of adding 10% increment of marks in the end of Semester of the Previous Semester, was adopted. The same has not been done correctly.
Counsel for the respondent University has accepted the guidelines framed by the University Grants Commission (U.G.C.) are constant about the method of calculation of S.G.P.A while promoting the students in the Next Semester. There is also no guideline to the U.G.C. as to how the promotion of students has to be done in special circumstances like Pandemic (Covid-19).
However, he submitted that there is no guideline as to how the promotion of students has to be done, but a decision as to how the promotion of students has been done has been taken by the Examination Committee of the respondent-University in its meetings held on 16th June 2020 and thereafter 23rd September 2020.
The Court held that, on the query raised by the Court as to how and on what basis, without any guideline framed by the U.G.C or any procedure known to the law, only on a decision of the Examination Committee of the University, which is not a statutory body, the method of promoting students in the Next Semester as well as the calculation of S.G.P.A has been adopted by the respondent-University, inasmuch as there are discrepancies in the awarding of marks and calculation of S.G.P.A to the students in their promotion to the Next Semester, to which the counsel for the respondent University has no reply to the satisfaction of the Court.
Thus, the award of medal on the basis of S.G.P.A calculated, in such a manner, appears to be unjustified.
The Court said that, to make it clear that the total marks of the Previous Semester have to be considered while promoting the students to the Next Semester and not only by adding 10% increment of marks to the End Semester of the Next Semester. Hence, marks of the petitioner, as well as other students of M.A.(Previous) in Economics subject, should be calculated accordingly.
The explanation, as submitted in the Counter Affidavit, which has been given in compliance of the order of the Court dated 28th October 2021, is also not to the satisfaction of the Court, as the decision of the Examination Committee taken in its meetings held on 16th June 2020 and 23rd September 2020 cannot be molded or twisted as per the convenience of respondent-University.
No proper reply to the writ petition has been submitted on behalf of the respondent-University, as directed by the Court vide order dated 28th October 2021. “In view of the facts and circumstances of the case, the submissions made by the counsel for the parties, in view of the discrepancies referred herein above, in the matter of awarding of marks to the students for their promotion to the next semester as well as the calculation of S.G.P.A., the Court would have no other option but to quash the entire list of students, which has been prepared for awarding such medal like Professor P.D. Hazela Gold Medal for M.A. (Previous) Economics subject as well as for other subjects like Sanskrit and Philosophy, but seeing the fact that a huge function for awarding such medal is commenced to be held on 8th November 2021, the Court cannot pass such order, the Court quashes the candidature of respondent no. 5 only. The respondent University (respondent nos. 2 and 3) is, hereby directed to find out a student, who has secured highest marks in the M.A. (Previous) Economics subject and to award the said medal accordingly,” the Court observed while allowing the writ petition.