Punjab-Haryana High Court
Vishal Kumar vs The State Of Haryana Through The ... on 3 December, 1991
Equivalent citations: (1992)101PLR248
Author: H.S. Bedi
Bench: H.S. Bedi
JUDGMENT H.S. Bedi, J.
1. The facts relevant to the disposal of the writ petition are as under :
The petitioner appeared in the science examination of 10+1 conducted by the Haryana School Education Board (hereinafter called the 'Board') under Roll No. 1574 in April, 1991. The petitioner passed the examination in English, Hindi and Mathematics, but failed in the Physics theory paper by one mark and in the Chemistry theory paper by 5 marks, as shown in the Result-cum-Detailed Card, copy whereof in Annexure P-l to the petition. The case of the petitioner is that by virtue of Rule 26(A) of the Haryana School Education Board Rules (hereinafter called the 'Rules'), the petitioner was entitled to the grant of grace marks so as to enable him to pass in one of the two failed papers which would entitled him to compartment and thereafter to admission to the next higher class provisionally. The relevant part of the aforesaid Rules is reproduced hereunder :-
"(a) If a candidate fails in one or more subject(s) and the total deficiency is not more than one per cent of the aggregate of marks he will be awarded the required grace marks (that can be distributed among any number of subjects) provided, the grace marks awarded in practicals do not exceed the" marks actually obtained by the candidate in the practical examination.
(b) A candidate shall not be entitled to the benefit of grace marks to earn compartment though he shall be entitled to the grace marks to pass the compartment examination to the extent of one per cent of the maximum marks allotted to the subject.
(c) A candidate appearing in a subject(s) for improvement in his previous performance, will not be entitled to grace marks.
(d) A candidate appearing in one or more additional subjects shall also be eligible for grace marks up to 1 per cent of the aggregate of the total marks allotted to the papers "
It will be seen from a reading of the aforesaid Rules that the failed candidate is entitled to not more than one per cent of the aggregate marks, as grace marks, in order to enable him to pass the examination. Rule 26(b) ibid, however, states that a candidate will not be entitled to the benefit of grace marks in order to earn compartment in the examination. The case of the petitioner is that Rule 26(b) in so far as it debars a failed candidate to get benefit of grace marks in order to earn compartment, is arbitrary and has no nexus to the object of the rule. In support of his argument, reliance has been placed on a Division Bench judgment of this Court rendered in (Naresh Shosi v. Punjab School Education Boad, C. W. P. No. 9760 of 1989, decided on 15th September, 1989. In the aforesaid judgment, this Court while interpreting Regulation 16(b) (i) of the Punjab School Education Board Senior Secondary Certificate Examination Part-I, Regulations, 1988, held that on a true interpretation of that rule, the benefit of grace marks could also be given in order to earn compartment, but it was further observed as under :-
"Obviously, when a candidate appearing in compartment examination has also been made eligible for the award of grace marks, surely a candidate who can secure compartment by the award of grace marks, could not be deprived of such an award. This could not be the intention of the framers of the Regulations. In any case, if the Regulation is capable of this interpretation, that is, to the detriment of the candidate placed in compartment, then there does not appear to be any rationale in the same and no reasonable nexus can be spelled out from the provision. To that extent the Regulation would be held arbitrary and discriminatory. Resultantly, it is held that Regulation 16(b) (i) of the Punjab School Education Board Senior Secondary Certificate Examination Part-I, Regulations, 1988 shall apply to the cases of compartment candidate also and grace marks shall be awarded to a candidate if by awarding such marks he can earn exemption or compartment in subject(s) and part(s)."
2. It will be seen from the above-quotation that the Court interpreted the rule in favour of the petitioner yet the observations were that if a rule provided that the benefit of grace marks could not be given in order to earn compartment, then such a rule would be arbitrary and discriminatory. Resultantly, keeping in view the observations made in the aforesaid case, the present writ petition is allowed. Regulation 26(b) in so far as it debars a failed candidate to the entitlement to the benefit of grace marks in order to earn compartment, is struck down as being arbitrary and discriminatory and, therefore, violative of Articles 14 and 16 of the Constitution of India. The respondent will accordingly give benefit of grace marks to, the petitioner so as to enable him to earn compartment and thereafter allow him all benefits that will flow from that action. The result of the petitioner is ordered to be declared within a week from the date of the receipt of copy of this judgment by the respondent.