SYED HAMID ALI SHAH, J.--- Petitioner and also respondent No. 5, joined the discipline of respondent No. 1, known as the Degree of M.Sc. In Banking & Finance, comprising of four (4) semesters.
Respondent University, awards Gold Medal to a student, who, as per Regulation 10.6, tops the list of successful candidates. Respondent No. 1 selected respondent No. 5, for the award of gold medal, ignoring the first position of the petitioner.
2. Petitioner has voiced her grievance through filing instant petition against the discriminatory treatment, she seeks declaration that she has stood first and is entitled, for the award of Gold Medal.
3. It is contended by learned counsel for the petitioner that according to regulations of the university (lastly modified upto 11-12-2007), final grades are awarded on the basis of marks obtained by the student and his/her relative position in the class, in his/her respective course. It has also been provided in the regulations that standing of a student is determined, at the end of every semester, by using Grade Points Average System. Grade Point Average (GPA) is calculated by dividing sum of Grade Points attained in each course by total numbers of credit hours in that course. Learned counsel has argued that the petitioner has highest GPA in the class, she has scored 14 (A+, A, A), 8 (B+ B, B) and I (C+). She has secured 1957/2400 marks and her GPA is 3.49/4.
It is submitted that as against the petitioner, respondent No. -5 has GPA 3.94/4. Learned counsel has emphasized that prospectus nowhere prescribed for standard scoring. The criteria, as laid down in the prospectus, is pass marks. Learned counsel added that according to the regulations, downloaded from .Website (page 15), gold medal is to be awarded to a student, who has topped the list of successful candidates and first position is to be determined on the basis of total marks obtained, in-all semesters. Learned counsel has further submitted that G.C. University Examination Regulations (Annexure R/2), which prescribes for standard score, is invalid legislation. The regulations are made/framed by the syndicate, but the power to make regulations under G.C.
University Ordinance, 2002, under Section 23(2)(VII), vests with Academic Council. The regulations are required under Section 27(2) of Ordinance, 2002 to be prepared by the Academic Council who submits the regulations to Syndicate for approval. It was contended that contrary to the provisions of Ordinance of 2002, the Syndicate had made the impugned Regulations. Learned counsel added that regulations, which are not prepared and submitted by Academic Council,, have no sanctity of law. Learned counsel went on to argue that even under Regulation 10.6, Gold Medal is to be awarded to a student who has topped the list of successful candidates and first position has to be ascertained, on the basis of total scores obtained in semesters I, II, Ill and final semester. Learned counsel has referred to the Oxford English Dictionary (Volume IX), where the term "Score" has the meanings "to read number of anything by notches and marks." Learned counsel has submitted that "Score" has to be interpreted, according to its plain dictionary meaning. It's true interpretation, is the one is popular sense, which is commonly understood. Learned counsel supported this contention by referring to the case of Shujauddin v. Pakistan Coast Guards, Karachi and 3 others (PLD 1978 Karachi 1110).
4. Respondents, on the other hand, filed parawise comments and raised objection, as to the maintainability of this position. It is contended by the respondents' learned counsel that petitioner being lecturer in the same department of the University, has suppressed material facts and agitated factual controversy in the Constitutional jurisdiction of this Court. Learned counsel added that course/degree of petitioner is, two years programme, while the regulations referred, pertain to the course comprising of four years programme. Learned counsel has submitted that as per regulation 10.6, Gold Medal is awarded to a student, who secures highest standard marks in all four semesters and not on the basis of actual marks obtained. Learned counsel submitted further that criteria to grant/award Gold Medal, is not numeric value of Grade Point Average (GPA) or actual marks obtained. Learned counsel, after going through marks lists, submitted that the petitioner obtained 2027 Standard Score Marks, while respondent No. 5 has obtained 2034 Standard Score Marks. Respondent No. 5 was thus awarded the Gold Medal. It was submitted that Standard Score Marks, is the basic result of every student. Attention of this Court as drawn to letter St. 174/2000, dated 11-6-2000 (Annexure R/5), wherein College Council in it's meeting, decided for Evaluation and Grading System, on the basis of Standard Score.
5. Heard learned counsel for -the parties record perused.
6. The claim of the petitioner for award of Medal is based on her first position in semesters I, II, Ill and final semester, on the touchstone of GPA (Grade Point average). Respondent's denial of award to the petitioner, rests on the criteria that a student, who has highest standard score, is eligible for award. Admittedly, the petitioner has earned 253.50, grade points as against the respondent No. 5, who has earned 251.10 grade points. Grade point Average of the petitioner is 3.52, comparing with respondent No. 5, whose grade point average is 3.49.. So far as standard scoring is concerned, respondent No. 5 is ahead with 2034 marks from the petitioner, who has secured 2027 marks. What requires determination, is the criteria to be applied for the award of Medal. G.C. University Examination Regulations, define marks and standard score, separately. The definition of "Standard Score", as provided in clause (VI) of Regulation 1.1, does not include term "score". "Score" has to be considered distinctively. Regulations 10.4.1 to 10.4.9 refer to marks "or score" and nowhere mention "Standard Scoring". Term "marks" and "standard scoring", is distinguished in Regulation No. 11.7.1, where criteria for qualifying final examination of M.A./M.Sc. One year programme, is laid. It has been prescribed that 40% marks in final examinations and 62% standard score, for internal assessment, is required to declare a candidate successful. Combined reading of this regulation, signifies that standard score system is applied for internal assessment and marks obtained, is the criteria for final examinations. "Standard Score" and "Score" are thus two distinctive terms and each has to be read independently, while determining application and extent of a specific regulation. Examination Regulation, down loaded from website, transpires that final grades, in each course, are awarded to the student, on the basis of total marks obtained.
These grades are then translated into Grade Points (GP). Standing of student is determined at end of each semester and then grade point average is waked out. Overall performance of student in a programme, is ascertained on Cumulative Grade Point Average (CGPA). These regulations further provide for award of Medal to a student, who has topped the list of successful candidates.
According to these regulations, first, second and third positions are determinable on the basis of total marks obtained in all semesters.
7. Only evidence placed on record by the respondents, for evaluation of a student, on the basis of Standard Scoring, is letter dated 1-6-2000, which is a decision of College Council in its meeting dated 7-12-1999. A decision of College Council, after establishment of G.C. University, has no binding effect. Additionally, the letter nowhere stipulates award of Gold Medal, on the basis of Standard Scoring.
8. G.C. University Examination Regulations (in printed form), copy whereof if available as Annexure R/2, transpire that Regulation 10.6, provides for award of Gold Medal to a student, who has topped the list of successful candidate. The first position is determined, according to these regulations, by total score obtained in semesters I, II, Ill and IV (final examinations).
9. The above regulations, so far as they govern the award of Gold Medal, speak about "total score obtained" in all semesters. The term applied in the relevant regulations is total score and not the standard score, therefore, for all intent and purposes, total score obtained by student is the criteria for award of Gold Medal. Result of M.A. (English) and M.Sc. (Economics) has been notified respectively on 20-82007 vide Notification No. 1900/CE and on 1-10-2007 vide notification, No. 2068/C.E. Each result reflects that 1st, 2nd and 3rd positions were determined on the basis of total score obtained. Further perusal of these documents, reveals that total score obtained has been worked out, on the basis of GPA and overall GPA. Keeping in view, these Notifications and also Regulation 10.6, eligibility of student for award of Gold Medal, has to be ascertained on the total score obtained and not on the basis of standard scoring.
10. Petitioner has topped the list of successful candidates and on the basis of total score obtained by her in all semesters, she has secured first position.' The petitioner is thus declared entitled to Gold Medal, having topped the list of successful candidates. The impugned act of the respondent University, in ignoring her for Gold Medal and awarding the same to respondent No. 5 is declared without lawful authority and of no legal effect.
11. For the foregoing, this petition is allowed and respondents are directed to act in accordance with law and award Gold Medal to the petitioner, who is eligible and entitled for it, under the relevant Regulations.