Conferment Of Gold Medal Is By Way Of Academic Scheme; No Legal Right Involved: Madras High Court

The High Court was considering a Writ Petition filed under Article 226 of the Constitution seeking quashing of an order passed by the Bharathidasan Government College for Women, and also seeking a direction for awarding a Gold Medal with relevant academic certificates to the petitioner for her meritorious academic performance in the B.Com(Corporate Secretaryship) course conducted during the academic session 2015-2018.

The Single Bench of Justice D. Bharatha Chakravarthy held, “I take into consideration that the conferment of a gold medal is by way of an academic scheme so as to recognise the academic brilliance of the student so that it results in further motivation to the student, who receives the medal and also the other students to aspire to receive one. There is no legal right, that is involved. In such kind of matters, the ascertainment of the meaning for re-phrase ‘first attempt’ should be advised left to the academicians themselves, especially when they are imparting a meaning uniformly for all the students.”

M/s C.Bhargavi represented the Petitioner while Spl. Government Pleader (Pondy) R.Syed Musthafa represented the Respondent.

Factual Background

The grievance of the petitioner was that she underwent the B.Com (Corporate Secretaryship)course in the respondent college during the academic years 2015 to 2018. The petitioner, after successful completion of the course, also attended the convocation. However, the petitioner, who was a topper with an overall score of 2014 out of 2600, was not conferred with a gold medal. On the contrary, another student, who scored 109 marks, less than the petitioner, was granted the gold medal. The petitioner made a representation to the respondents, and the same was rejected by the impugned order.

It was the petitioner’s case that the gold medal was rejected only on the ground that she was absent for one examination in the first semester. The petitioner was absent because she was afflicted with dengue fever, and when she wrote the examination in the ensuing semester as an arrear paper, she cleared the same in the first attempt itself. Aggrieved thereby, the petitioner approached the High Court.

Reasoning

The Bench explained that the conferment of a gold medal is by way of an academic scheme to recognise the academic brilliance of the student. The Bench noted that the Delhi High Court considered an identical rule and in an identical situation, held that absenteeism should not be considered as an attempt. The Bench was unable to follow the judgment of the Delhi High Court, considering the fact that there may be another student, who was also afflicted with dengue fever but, in spite thereof, would have preferred to attempt the exam and would have scored lesser marks on account of the disease. “Therefore, it depends on the individual decision of the candidates and it cannot be said that any equality clause is violated”, it stated.

The Bench noted that the petitioner is a very meritorious candidate, having secured a clear 109 marks ahead of the next candidate. The Bench took note of the fact that the petitioner had passionately been knocking on the doors of the respondents for the honour, and even if tentatively given zero for the second attempt for the particular subject, the petitioner would still lead by 9 marks.

The Bench thus ordered, “Considering the peculiar circumstances of this case and considering the fact that the second respondent college is now an autonomous institution and an academic certificate on merit, mentioning that the petitioner is also a gold medallist, topping the year, in the same format, as it was given to the 5th respondent, shall also be issued to the petitioner.”

Cause Title: H.Vennila v. State (Case No.: W.P.No.31106 of 2022)

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