RAJESH JOSHI Vs. PRE UNIVERSITY BOARD

JUDGEMENT

(1.) Rajesh Joshi, petitioner here, who had taken his II Year P.U.C. Examination conducted by the Pre-University Education Board in Karnataka (for short 'the Board'), has sought for a declaration from this Court that he was entitled to the addition of one grace mark in the subject of Chemistry in which he had secured 19 marks out of 90 marks in theory and 10 marks out of 10 marks in practical aggregating to 29 marks out of 100 maximum marks award- able for the subject of Chemistry. He has also sought for a consequential direction to the Board and its Director (respondents 1 and 2 respectively here) to correct the statement of marks issued to him, according to the declaration to be made by this Court, and declare him as having passed the II Year P.U.C. Examination held by the Board in March/April 1989.

(2.) It is not in dispute that respondent-1 has declared the petitioner as "failed" in the said examination because of his not securing 24 marks in Chemistry theory out of 90 maximum marks awardable thereto. It is also not in dispute that if regard is given to Resolution 14 of the Meeting of the Board of the Pre-University Education held on 26-1-1971 relating to award of grace mark, he would be entitled to the addition of one grace mark in the theory subject, if the minimum marks in the theory subject of Chemistry was not 24 as stated in Circular No. ACA.CR, 245/73-74 dated 23-6-1976 issued by the Director of the Board, but was 20 marks as found in Regulation 11 of Two Year Pre-University Course Regulations, Course of Study and Scheme of Examinations and Syllabus (for short 'the Regulations') officially published in the year 1974.

(3.) In the admitted facts' situation, adverted to above, the short point which arises for consideration and decision is whether the Board was justified in denying to the petitioner addition of one grace mark in the theory subject of Chemistry of the examination held in March/April 1989 on the basis of Circular No. ACA.CR. 245/73-74 dated 23-6-1976 issued by the Director of the Board.