NANDITA S KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is a student and appeared for the Pre-University Course of the Department of Pre-University Education. Her subjects were English, Hindi, Psychology, Economics, Sociology and Logic. She appeared for the final examination held between 1-4-2000 and 17-4-2000. She obtained 78% marks i. e. , 469 out of 600. Annexure B is the mark list. She believes that she is eligible to secure atleast 90% but that the marks awarded is low. She therefore desired revaluation of her answer papers. According to the petitioner the right of a student to have the answer script revalued is recognised by the statute, but by framing subordinate legislation this right is taken away. She substantiates her contention by referring to the Karnataka Education Act, 1983, (hereinafter referred to as 'the Act') and the Rules framed thereunder (referred to as 'the Rules' hereinafter ). In this behalf the following provisions of the Act may be noticed.

(2.) SECTION 22 (2) of the Act is the material Section. The relevant part of the Section reads as under :

(3.) IN essence, the Section empowers the Government to frame subordinate legislation and the scope of the power to frame rules is "for all matters connected with the implementation of the examination system. " The Rule making power is provided in Section 145 of the Act. In particular, Section 145 (xxxii) confers power on the Government to frame rules as regards the valuation or revaluation of answer scripts. Sub-section (xxxii) reads thus :