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2025 DAILYLAW 9053 (CHH)

KU. ISHA BANERJEE v. STATE OF CHHATTISGARH

WPC/696/2020 · 2025-03-07

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:11402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 696 of 2020 • Ku. Isha Banerjee D/o Baidyanath Banerjee Aged About 23 Years R/o Kaishdham Kumharpara, Fafadhi, Raipur, District : Raipur, Chhattisgarh ... Petitioner Versus 1. State of Chhattisgarh Through Secretary, Department of Higher Education , Mahanadi Bhawan, Mantralaya , Nawa Raipur Atal Nagar, District Raipur Chhattisgarh 2. Pandit Ravishankar Shukla University, A University Affiliated With The University Grant Commission, Through Its Vice Chancellor, Pandit Ravishankar Shukla University, Amanaka G.E. Road Raipur, District : Raipur, Chhattisgarh 3. Vice Chancellor Pandit Ravishankar Shukla University, Amanaka G.E. Road Raipur, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Malay Shrivastava, Advocate For Respondent No.1/State For Respondents No. 2 and 3 : : Ms. Neelima Singh Thakur, Panel Lawyer Mr. Neeraj Choubey, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07/03/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to produce the entire records. 10.2 That, this Hon'ble Court may kindly be pleased to call the notification of the date fixed for 25th Convocation Ceremony of the Pandit Ravishankar Shukla University and quash the same. Digitally signed by RAMESH KUMAR VATTI 2 10.3 That, this Hon'ble Court may kindly be pleased to call the decision taken by the respondents if any in pursuance to the order dated 10/02/2020 passed by the Hon'ble Court in Writ Petition (C) No. 581/2020 and quash the same as the same has been passed to frustrate the order dated 10/02/2020 passed by this Hon'ble Court in Writ Petition (C) No. 581/2020. 10.4 This Hon'ble Court may kindly be pleased to direct the respondent no. 2 and 3 to include the name of the petitioner in the notification of Merit List Students of M.A. English 4th Semester and for the list of students eligible for Gold Medal in the 25th Convocation Ceremony. 10.5 Any other relief(s) / order(s) / direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.6 Cost of the petition.” 2. The facts in a nutshell are that the petitioner was a student of the Government D.B. Girls P.G. (Autonomous) College, Raipur in the year 2017-18. She secured 1420 marks out of 1800 which comes to 78.89% in the examination of M.A. English. The petitioner approached respondents No. 2 and 3 to include her name in the notification for Gold Medal in the 25th Convocation Ceremony. The petitioner approached the Governor of the State of Chhattisgarh on 05.12.2019. On 10.12.2019, respondent No. 2 issued a notification for the 25th Convocation Ceremony. The proposed date of the Convocation Ceremony was 10.01.2020, but it was postponed. It is further case of the petitioner that she deposited a fee of Rs.300/- for the award of Gold Medal and the same was accepted by respondent No. 2, but her name was not included in the notification. 3. The petitioner further pleaded that respondent No. 2 included names of other students, who secured lesser marks than the petitioner for the Gold Medal. The petitioner has challenged the decision taken by 3 respondent No. 2 and has sought further direction to include her name in that notification. 4. Mr. Malay Shrivastava, learned counsel appearing for the petitioner would argue that the petitioner is a meritorious student who secured 1420 marks out of 1800 which is 78.89% in M.A. English. He would further contend that the petitioner deposited a bank draft of Rs.300/- pursuant to a notice issued by respondent No. 2 but her name was not included in the list of eligible candidates for the grant of Gold Medal. He would further submit that in WP(C) No. 581 of 2020, the petitioner was granted liberty to make a representation before respondents No. 2 and 3 and the authorities were directed to take an appropriate decision. He would also submit that the claim of the petitioner has been rejected on the ground that the petitioner is a student of Autonomous College. It is also contended that the University Grants Commission has approved 11 Autonomous Colleges as of 19.12.2019 in the State of Chhattisgarh and the Government D.B. Girls PG College, Kalibadi Chowk, Raipur is duly affiliated with respondents No. 2 and 3, therefore, the respondent authorities ought to have considered the claim of the petitioner. He would argue that the names of the other Colleges affiliated with Pt. Ravishankar Shukla Vishwavidyalaya was considered for the award of the Gold Medal. 5. Mr. Neeraj Choubey, learned counsel appearing for respondents No. 2 and 3 would submit that the petitioner is not entitled to Gold Medal as she was a student of Autonomous College. He would further submit that the petitioner approached the Hon'ble Governor of the State and vide letter dated 30.01.2020, she was intimated that she was a student of Autonomous College and the appropriate body of the Autonomous 4 College may take a decision with regard to the award of Gold Medal to its students. It is also contended that the petitioner has not challenged the order dated 30.01.2020. He would further submit that the D.B. Women's College, Raipur informed respondents No. 2 and 3 vide letter dated 18.02.2020 to the effect that the said College awarded Silver Medals and certificates to its students. He would further contend that the University Grant Commission had issued a Regulation on 12.02.2018 conferring autonomous status to the Colleges and the said Regulation is called the ‘University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standard in Autonomous College) Regulation, 2018’. He would argue that according to Clauses 3.3 and 3.4 of the Regulation, 2018, the Autonomous College may evolve methods for conferring Medals, Certificates and Awards to its students. Mr. Neeraj Choubey would further argue that the examination of the 4th Semester of M.A. was conducted by Government D.B. Girls PG (Autonomous) College itself according to its Time-Table and the examination was not conducted as per the timetable issued by the University. He would also argue that the dates of examination were also different. He would also submit that the petition deserves to be dismissed. 6. Ms. Neelima Singh Thakur, learned Panel Lawyer appearing for the State/respondent No. 1 would support the contention made by Mr. Neeraj Choubey. 7. I have heard learned counsel for the parties and perused the documents. 8. According to the definition of “Convocation”, as defined in the University Grant Commission Regulation, it means a ceremonial 5 assembly of a University, normally held for conferring degrees and other awards to its eligible candidates. 9. Admittedly, the petitioner was a student of an autonomous college namely, Government D.B. Girls P.G. (Autonomous) College, Raipur. According to Clause 3.3 of the Notification dated 12.02.2018, the Autonomous College may evolve methods of assessment of student’s performance, the conduct of examination and notification of results. Clause 3.4 states that to announce results, the Autonomous College may frame rules for announcement of results, issuance of mark sheets, migration and other certificates, but the degree shall be awarded by the University with the name of the college on the degree certificate. A bare reading of these provisions would make it clear that the Autonomous College itself may grant Gold Medal to its students and the same will be notified by the University in their Notification. 10. In the present case, though the petitioner secured higher marks in M.A. English, but no steps were taken by the Government D.B. Girls P.G. (Autonomous) College, Raipur for the award of Gold Medal, therefore, the claim of the petitioner was not considered by respondents No. 2 and 3. Further, the petitioner failed to challenge the order issued by the Office of Secretary to the Hon'ble Governor dated 30.01.2020. The petitioner has not quoted the rules making her eligible for the grant of Gold Medal by the University. The petitioner has not arrayed Government D.B. Girls P.G. (Autonomous) College, Raipur as a party respondent. The petitioner has challenged the notification dated 10.12.2019 without arraying the students, who were conferred with the Gold Medals. The students who received gold medals were necessary party to the present lis. 6 11. Taking into consideration the above-discussed facts, no case is made for interference. Consequently, the petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge vatti