C LAKSHMINARASIMHA MURTHY Vs. REGISTRAR BLORE UNIVERSITY

JUDGEMENT

(1.) The petitioner is a third year law student in the BMS College of Law, B'lore. He had appeared for the University Examination held in the month of April 1974. He has been declared to have failed in the said Examination. His complaint in this petition is that he has not been awarded grace marks which he is entitled to under the University Regulations.

(2.) The marks obtained by the petitioner in the subject of Taxation Law is only relevant for considering the question urged in this petition. He has secured 29 marks out of 100 in that subject. The minimum required for pass is 33-1/3. He was thus short by 4-1/3 marks. His contention ia that he is entitled to 8 more marks. Reliance is placed, in particular on Regulations 3, 4 and 7. For immediate reference, the said Regulations are set out hereunder :

(3.) The question is, whether the petitioner is entitled to 8 grace marks as he contended for. In my view, he is not Regulation 3 provides that the total marks fox gracing shall be one peacent of the maximum marks of the subject or subjects, It is admitted that the petitioner has taken examination in all six subjects carrying the maximum of 600 marks. By Regulation 3, he is therefore entitled to one per cent of the, maximum marks. It works out to be 6 marks. That is however, subject to the estriction imposed by Regulation 4 which states that gracing in any subject shall not exceed 2 per cent of the maximum marks of that subject. The subject, 'Taxation Law' carries the maximum of 100 marks. The petitioner, therefore, shall not get more than 2 per cent of the maximum, that is not more than 2. By reading Regulations 3 and 4, it is now obviqus that the petitioner can get not more than two grace marks.