Delhi High Court sets aside Delhi University policy of not considering revaluation marks for award of medals

The Delhi High Court has quashed the policy of the University of Delhi (DU) which provided that the result of revaluation will not be taken into consideration for award of gold medals and prizes [Annie Gurmeher Kaur v University of Delhi and Anr]..Single-Judge Justice Rekha Palli ruled that University’s decision to not consider revalued marks for award of medals is clearly arbitrary and therefore, cannot be sustained..The Court was dealing with a petition filed by a student Annie Gurmeher Kaur who argued that she had taken admission into a college affiliated with DU in 2017 in the BA (Hons) Economics course. Dissatisfied with the marks she secured in ‘Indian Economy 2’ paper in sixth semester, she opted to apply for revaluation.Upon revaluation, the results of which were declared on February 11, 2021, her marks in the "Indian Economy 2" paper increased from 52 to 58 and consequently, her aggregate CGPA also increased from 9.595 to 9.635. But, before the results of the revaluation were declared, DU released a tentative list of candidates who were to be awarded medals and prizes in the annual convocation to be held on February 27, 2021.Kaur then approached the Dean of examination division requesting that she be also considered for grant of the medal to be awarded to the highest scorer in BA (Hons) Economics.However, through a communication dated February 18, 2021, her request was rejected and she was informed that as per the resolution passed by the executive committee of the University on March 6, 2013, medals could be awarded only on the basis of the original marks secured by the candidate.She, therefore, challenged the University resolution as well as the communication issued to her..Counsel appearing of the University told the court that it was justified in not treating revalued marks for award of medals because most of the awardees are desirous of applying either for post-graduate course or employment opportunities immediately after the declaration of final semester results. It was only for this reason that the University has taken a policy decision to ensure that students are not made to wait for their medals/prizes till the entire process of other students applying for revaluation/improvement is completed, the counsel told the court. .However, Justice Palli has held that though DU being one of the premier universities of the country must adhere to its schedule for declaration of results, it cannot be permitted to act in a manner so as to cause injustice to students 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 (University) just cannot simply turn a blind eye 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 judgment said..The judge said that if a student like the petitioner, whose marks have been increased after revaluation is deprived of the medal and prizes to which she is entitled, it will virtually amount to depriving her of the benefit of increase in marks for no fault of hers.“I have no hesitation in holding that the respondent’s decision to not consider the petitioner as eligible for the award of medal/prize as the highest scorer in B.A. (Hons.) (Economics) 2017-2020 is clearly unsustainable and arbitrary. The circular dated 06.03.2014, insofar as it provides that the result of the revaluation will not be taken into consideration for award of gold medals and prizes is wholly arbitrary and therefore cannot be sustained," the Court stated. .It, therefore, set aside the March 2014 circular of the University as well as communication issued to Kaur..Justice Palli also said that as the student who was declared topper as per the tentative list is not before it and as Kaur had already taken a stand that she is foregoing her claim on monetary part of the prize, the interest of both the students can be protected by directing the university to award the medal and prize jointly to them.DU was accordingly directed to confer the medal jointly on both the students and monetary award to the student who was declared topper in the tentative list..While advocates Aakanksha Nehra and Sandeep Bajaj appeared for the petitioner, DU was represented by advocates Mohinder JS Rupal and B. Bhawani..[Read Judgment]