Sr. No.13 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 26/2025 CM(62/2025) MURTASHIB …Petitioner(s)/appellant(s) Through: Mr. Saqib Amin Parray, Advocate. Vs. UNIVERSITY OF KASHMIR AND ORS. ...Respondent(s) Through: Mr. Syed Faisal Qadri, Sr. Advocate with Mr. Syed Mansoor, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 19-05-2025 1. Petitioner (Murtashib) was enrolled to five years B.Sc/M.Sc Mathematics Programme in the Institute of Mathematical Sciences, Amar Singh College, Srinagar. 2. She completed her integrated degree course with first position in her batch with highest marks, as per the result declared by the University of Kashmir on 24.08.2024. Her case is that University facilitates the students with Gold Medal for securing first rank/position. However, despite petitioner’s exceptional academic performance, she was denied the medal for she failed to clear all the papers of 2nd Semester in the first attempt. To crystalize it further, she did not appear in three theory papers (IMTH-203, IMTH-204, IMTH-205) held in May, 2019. 3. Learned counsel for the petitioner submits that, in fact, owing to serious medical issues, the petitioner remained hospitalized from 25.05.2019 to 29.05.2019 and had to undergo a medical procedure. Resultantly, she could not appear in three theory papers. Thus, this was not a case where the petitioner appeared and failed but her non-appearance in the examination was apparently because of the circumstances beyond her control. In fact, the petitioner participated in the internal as well as external papers and one theory paper before she was admitted to hospital on May 25th, 2019 and she appeared in one theory paper along with practicals, after she was discharged on 29.05.2019. The petitioner, post recovery, time and again requested the respondent University to conduct the exam for the missed three papers. But first owing to the law and order situation and then because of Covid restrictions/lockdown, the examination that was scheduled for 05.08.2019 got delayed. And eventually, the petitioner was required to take the examination with respect to the missed three papers in October, 2021 (Annual Examination) with the 6th Semester examination slated in the same month. 4. The petitioner appeared in all the papers of 6th Semester as also the missed papers of 2nd Semester. And she qualified both the semesters with distinction. Hence, denial of the Gold Medal to the petitioner on the ground for she could not clear all papers of the 2nd Semester in her first attempt is wholly misconceived/irrational and unjust. 5. He submits that the matter in issue is governed by the Kashmir and Jammu Universities Act, 1969 and the rules/regulations framed thereunder. And Chapter X of regulations postulates award of medals, prizes and certificates of distinction. Accordingly, with reference to Rule 11, 19 & 48 and Rule 10.1 and 10.13 of Chapter X – Vol-II of the Rules, it is urged that a bare analysis of these rules irresistibly show that the petitioner was/is entitled to be awarded a Medal. 6. Whereas, on the contrary, the stand set out in the written statement filed by the University is based on an apparent mis-construction/mis-interpretation of the expression “First Attempt”. At any rate, in the alternative, it is submitted that vires of Rule 10.1 and 10.13 of Chapter X – Vol-II of the Rules are also being assailed. 7. Pursuant to the notice issued by this Court, objections on behalf of the respondent University have since been submitted. 8. In brief, the stand set out therein is that the award of the Gold Medal is governed by specific academic rules, regulations and guidelines adopted by the respondent University, which are not subject to alteration on the basis of individual academic performance alone. The award of Gold Medal is subject to complying with all eligibility conditions as per the University norms and rules, one of which mandates that a candidate ought to have cleared all papers of the integrated course in the first attempt without any backlog or re-appear. However, it is not denied that the petitioner eventually obtained the highest marks. But she did not appear for three theory papers of 2nd Semester scheduled in May, 2019, which, as per the University records constitutes a failure to clear the semester in the first attempt. Therefore, the University awards Gold Medal only to those candidates who complete their course in the prescribed duration and pass all semesters in the first attempt as is mandated under Rule 10.1 (ibid). 9. We had heard learned counsel for the parties at length on 14.05.2025. And given the fact that petitioner had to undergo a medical procedure during the relevant period and that she had exemplary academic record and earned 1st rank in all the semesters barring 2nd and 6th, we requested Mr. Syed Faisal Qadri, learned senior counsel for the University to seek instructions. 10. Accordingly, Dr. Majid Zaman, Controller of Examinations of the University is present in court today. 11. We conversed with Dr. Zaman as also the learned senior counsel for the University at length and at the end, we are pleased to record, that the respondent University agreed to award a Gold Medal to the petitioner. The decision, we may hasten to clarify, is solely centered upon the peculiar facts and circumstances of the present case. And shall not be cited as a precedent. Particularly, as neither did we determine the lis between the parties on merits nor have we examined the validity of Rule 10.1 and 10.13 of Chapter X – Vol-II of the Rules. Which forms basis of the stand set out by the respondent University. We are also reminded to point out, at this stage, that awarding the Gold Medal to the petitioner, shall, by no means would cast any cloud or even remotely disentitle a candidate (Urwah Shah), who appeared in the examination in sync with the schedule notified by the University and topped the exam per the results originally declared by the respondent University to be awarded the Medal. 12. In the wake of the above and per the consensus arrived at by the learned counsel for the parties, the petition is, accordingly, disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 19-05-2025 Aamir