2017 PLP 263 (YLRN)

ABID AZIZ SHEIKH, J.

Through this Intra Court Appeal, the appellant has assailed order dated 05.5.2010 passed by learned Judge in Chambers whereby constitutional petition of the appellant was dismissed.

2. Brief facts are that appellant who was enrolled as student of M.Sc. Zoology in the University of the Punjab during academic session 2006-2008, passed her M.Sc. Zoology by securing overall 1st position in the University with a percentage of 85.50% and CGPA of 3.85 and with an overall grade A+. 3, The grievance of the appellant is that though the appellant was entitled of the University Gold Medal under notifications dated 20.2.2008 and 14.11.2008, the said gold medal was denied to her on the basis of the decision of the Academic Council dated 08.6.2009. The appellant filed Constitutional Petition challenging the said decision but the same was dismissed vide impugned order dated 05.5.2010, hence this appeal.

4. Learned counsel for the appellant argued that as per notifications dated 20.2.2008 and 14.11.2008, first position in M.Sc (Zoology), provided for two Gold Medals i.e. "University Gold Medal" for students of the University, who studied under Semester System and "Sir Williams Gold Medal" for students other than the Punjab University who studied under the annual system. This policy was however, revised through Academic Council's decision dated 08.6.2009 resultantly only one Gold Medal was to be awarded to a student who would secure the highest 1st position in either semester or annual system. He argued that said decision dated 08.6.2009 was not applicable to the appellant retrospectively as her M.Sc. Zoology result was announced on 18.3.2009, in which she secured 1st position in the University under the semester system, hence she was entitled to be awarded the University Gold Medal.

5. Conversely, learned counsel for the respondents admitted that as per notifications dated 20.2.2008 and 14.11.2008, there was a provision for two Gold Medals, and that the said policy was revised by the Academic Council on 08.6.2009. He, however, submitted that the Convocation Committee decided to implement this revised policy w.e.f.118th convocation, hence the appellant was not awarded University Gold Medal and student who secured the highest 1st position was awarded the Gold Medal.

6. We have heard the arguments of learned counsel for the parties and perused the record. It is admitted position between the parties that appellant was a student of M.Sc. Zoology Punjab University under semester system and as per her result of M.Sc Zoology announced on 18.3.2009, she secured 1st position in the University with a percentage of 85.50% CGPA of 3.85 and an overall grade A+. The notification for grant of Gold Medal applicable on the date when the result of the appellant was announced was dated 20.2.2008 providing for a separate University Gold Medal for students of the University.

7. Admittedly, the appellant secured 3.85 CGPA and over all secured 1st position in University in M.Sc Zoology under semester system on 18.3.2009 and was entitled for university Gold Medal under the aforesaid notifications. However, the said University Gold Medal was denied to her on the basis of Academic Council's decision dated 08.6.2009, where, it was decided that the University will grant a single "Gold Medal" for student qualified for same degree, either through semester or through annual system. University decided to implement this decision w.e.f. 118th convocation of the University in March, 2010 where the appellant was to be conferred her degree.

8. The legal question that requires determination is that once the result of the appellant in M.Sc Zoology was announced on 18.3.2009, could the subsequent decision of Academic Council dated 08.6.2009 deprive the appellant her right to University Gold Medal under the previous policy. To our mind, the answer to this question is "No" because after securing 1st position in the University, the appellant had a vested right to be dealt under notifications dated 20.2.2008, 14.11.2008. No doubt the Academic Council could change its policy through decision dated 18.6.2009, for award of single Gold Medal but the same could not be applied retrospectively to the case of the appellant whose result had already been announced on 18.03.2009.

9. The argument of learned counsel for the respondent that as 118th convocation took place after 18.6.2009, therefore, the said notification was rightly applied is not tenable. Convocation is merely an award conferring ceremony and has no bearing on the entitlement of Gold Medal already earned by the appellant when her M.Sc. Zoology result was announced on 18.3.2009 in which she secured 1st position in the University. Even otherwise, it is settled law that notifications and administrative orders, which infringe right of the parties, cannot be applied retrospectively. Reliance is placed on Taj Mahal Hotel Limited and others v. Karachi Water and Sewerage Board and others (1997 SCMR 503), Ashraf Sugar Mills v. Federation of Pakistan and others (1993 CLC 910), Muhammad Sajjad v. Chairman Board of Intermediate and Secondary Education, Lahore and another [1994 CLC 778) and New York Polyclinic of Karachi Pvt. Ltd. v. Karachi Buildings Control Authority and another (1994 CLC 717). The aforesaid aspect of the matter was not considered by the learned Single Judge while passing the impugned order.

10. In view of above discussion, we allow this appeal, resultantly, the impugned order is set aside and appellant shall be awarded University Gold Medal by University of Punjab. It is, however, clarified that this judgment will not affect right of the other student who had already been conferred a gold medal under the revised policy. SL/S-56/L Appeal allowed.