Case Note & Summary
The petitioner, Kum. Rujuta A. Borkar, appeared for the final year B.A. degree course in 2003-2004 with English as her major subject and initially secured a third rank with 504 out of 700 marks. Dissatisfied, she applied for re-verification and obtained 541 out of 700 marks, which elevated her ranking from third to first. As the first rank holder, she was entitled to a gold medal and a certificate of merit. She approached the University by letter dated 1 November 2004, but was informed by letter dated 19 November 2004 that under Ordinance 5.15(iv) of Goa University, the revalued marks would not be considered for change in merit position, prizes, or certificates. The petitioner challenged the portion of the Ordinance that excluded revalued marks from scholarships, prizes, medals, and order of merit as arbitrary and unconstitutional. The court agreed with the petitioner, noting that the controversy was no longer res integra and relied on the Single Judge decision in Rajendrakumar Chandrakant Nadkarni v. University of Bombay (AIR 1991 Bombay 126), which held that if revaluation is permitted and ranking is awarded based on revalued marks, it is irrational to deny consequential benefits. The court found the impugned part of the Ordinance arbitrary and struck it down, directing the University to consider the petitioner's revalued marks for the award of the gold medal and certificate of merit. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Arbitrariness - University Ordinance - Exclusion of Revalued Marks from Merit Awards - The impugned part of Ordinance 5.15(iv) of Goa University, which recognized revalued marks for result amendment but excluded them from scholarships, prizes, medals, and order of merit, was held arbitrary and unconstitutional. The court reasoned that if revaluation is permitted and ranking is awarded based on revalued marks, it is irrational to deny consequential benefits like gold medal and certificate of merit. The decision followed the precedent in Rajendrakumar Chandrakant Nadkarni v. University of Bombay, AIR 1991 Bombay 126. (Paras 5-6)
Issue of Consideration
Whether the portion of Ordinance 5.15(iv) of Goa University that excludes revalued marks from consideration for scholarships, prizes, medals, and order of merit is arbitrary and unconstitutional.
Final Decision
The court allowed the petition, struck down the impugned part of Ordinance 5.15(iv) as arbitrary and unconstitutional, and directed the University to consider the petitioner's revalued marks for the award of the gold medal and certificate of merit. No order as to costs.
Law Points
- Arbitrariness
- University Ordinance
- Revaluation
- Merit Awards
- Scholarships
- Prizes
- Medals
- Order of Merit
- Article 14
- Article 226
