MADHUSUDANA K S Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in these petitions are assailing the final select list dated 19.08.2017 at Annexure F and in that light are seeking that a declaration be made that fixing the percentage of pass marks at 50% in theory and 60% at practical examination is illegal and is contrary to the Government Order dated 31.01.2017 where under the marks are fixed at 40% and 50% respectively for theory and practical examinations. In that view, the petitioners are seeking that a direction be issued to the respondents to declare the results of the petitioner as passed since they have secured more than 40% and 50% in the theory and practical examinations for the subjects they have appeared.

(2.) The petitioners, in response to the notification dated 24.03.2016 had applied for issue of licence to carry out Survey and Phoding work and to prepare sketch, for 1000 candidates. At that point, the requirement ultimately was that in respect of the theory examinations, the candidates were to secure 40% and above in theory examinations and in respect of the practical examinations the candidates were to secure 50% and above. At the first instance when the petitioners appeared for the examinations in Batch-I, though they had passed in the practical examinations and two papers of the theory examinations, each of them had failed in a subject.

(3.) For the purpose of better appreciation the case of one of the petitioner Sri.Mahesh J., is to be noted for the purpose of narration. He had secured 55% in paper I, 46% in paper II and 28% in paper III of the theory examination and in that view not having secured the minimum of 40% in Paper III had failed in the said paper. He had secured more than 50% in two practical examinations. However, since he had failed in paper III his result was declared as failed. Similar is the case in respect of the other petitioners, though the failure was in a different paper and marks obtained was different. In that light the persons namely the petitioners and the others who had appeared in Batch I and had failed in one of the subjects was granted the benefit through the order dated 24.06.2017 to appear for the subject in which they had failed. Accordingly, the petitioners have appeared in the examinations which were conducted during the period from 07.08.2017 to 11.08.2017. In respect of the failed subject for which the petitioners had appeared, they have secured either 40% or more for the theory paper. For the purpose of narration as noted, the said Majesh J., has obtained 40% in paper III, thus securing the minimum percentage which had been provided. However, the result was declared as failed. It is in that view, the petitioners claiming to be aggrieved are before this Court in these petitions.