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Judgment
R. H. Zaidi, J.—By means of this petition the petitioner prays for a writ, order or direction in the nature of mandamus directing the respondent to award the petitioner 5 grace marks in the written paper Science2 subject or in alternative to award one mark to the petitioner and declare him to have passed the examination in Second Division.
I have heard learned counsel for the petitioner and the learned Standing Counsel.
The relevant facts of the present case in brief are that the petitioner appeared in the High School Examination in the year 1994 and he had secured 269 marks out of 600 marks. In Science2 paper the petitioner was awarded 39 + 3 = 32 marks. In the last column of the said marksheet it has been noted as under :
"269
Passed
Third Division
With Grace
CAT M EB"
Learned Counsel for the petitioner further submits that the petitioner was entitled to, on the basis of Rule 20 of the Rules published on 2991988, 5 grace marks. The said rule has been quoted para 6 of the writ petition and is reproduced below :
LBE SR] HBMANT BHATT V. aACHIV MADHYAMIK SHIKSHA PARISHAD 835
A reading of the aforesaid rule reveals that if the candidate fails only in one subject, who obtains 25% marks or more then he will be entitled to grace marks so as to make it 33% or otherwise to improve his position.
5, In para 6 of the counteraffidavit, it has been stated as under :
GRACE MARKS RULE GRACE MARKS
TOTAL MARKS
Upto 199 1 marks
200 to 203 1 marks
204 to 209 2 marks
210 to 215 3 marks
216 to 221 4 marks
222 to 227 5 marks
228 to 233 6 marks
234 to 239 7 marks
240 and above 8 marks
Note. 1. Grace marks will be awarded in one subject only.
G. M. means Grade Marks (will not be added in total).
G. R. means Gratis Marks (will be added in total).
According to their own version as contained in the counteraffidavit noted above, petitioner who has obtained 269 marks was entitled to 8 grace marks and in alternative 5 grace marks to pass theory paper.
In view of the above facts, I come to the conclusion that the petitioner was entitled to 5 grace marks in addition to what he has already secured.
The writ petition succeeds and is allowed. The respondents are directed to award 5 grace marks to the petitioner and to declare his result thereafter in accordance with law.
No order as to costs.