K SRLNIVAS Vs. BOARD OT INTERMEDIATE EDUCATION

JUDGEMENT

(1.) This writ petition is filed questioning the Memo dated 29-1-1988 issued by the Board of Intermediate Education. By the said communication, the Board informed the petitioner that his request for award of a division instead of compartmental pass certificate cannot be complied with. The reason given in the communication is that the petitioner appeared for Mathematics Paper-I along with all the second year papers in October, 1987. Attention of the petitioner was drawn to Regulation (ix)(b)(1) which says:

(2.) The petitioner appeared for the first year Intermediate examination in March, 1986. He failed in Chemistry subject. In October, 1986 he appeared in all the subjects and came out successful. Coming to second year, he failed in one of the subjects i.e., Chemistry in the examination held in March, 1987. Then, in October 1987, he appeared for the examination in all the subjects of second year and inaddition thereto, he took the examination of first year Mathematics paper with a view to improve his performance.

(3.) It is clear from the impugned memo issued by the Board of Intermediate Education that the petitioner was not placed in first division although he got more than 60% of marks, merely for the reason that he appeared for the first year Mathematics examination for the purpose of improvement alongwith all the second year subjects. It is claimed by the petitioner that even if the marks awarded for the Mathematics paper of the first year examination held in October, 1987 is ignored and marks secured in October, 1986 are taken into account, still the petitioner will be entitled for the first division.