(1.) THIS is a petition by Kumari Kiran Jain who appeared in the High School certificate Examination, conducted by the respondent, Board, originally in the year 1969 in Biology group. She failed in two subjects -- Elementary Mathematics and physics. She was allowed to appear in the supplementary examination in 1969. She appeared in that examination, but passed only in Elementary Mathematics and again failed in Physics. Therefore, she was allowed to appear along with the regular candidates in the examination held in the early part of 1970. In the examination held in 1970 practical examination in Physics had also been introduced and, therefore, she appeared both in theory and practical examinations. In 1969 no practical test was taken and the candidates were examined in Physics in two papers of theory only of 50 marks each. When the result of 1970 examination was declared, the marks received by the petitioner only in the two theory papers of 35 marks each were shown in the mark-sheet and the marks secured by her in practical test were not shown there. On that basis she was declared to have failed. She consequently filed this writ petition, alleging that she was entitled to get her result declared after adding the marks she received in the practical test also in which she had appeared.
(2.) THE contention on behalf of the petitioner is that since she had failed in the subject of Physics and there was at that time no bifurcation of the examination into theory and practical, she must be deemed to have failed in the whole subject of Physics and not in any part thereof. Consequently in the examination of 1970 she appeared in the whole subject as it was examined then and was entitled to receive credit for all the marks received in the whole subject.
(3.) ON behalf of the respondent Board the contention in reply is that since in 1969 the examination was only in theory and there was no practical examination, in 1970 also her examination in theory alone was relevant and the marks she received in practical examination could not be added to see whether she had passed in the subject. For this contention reliance is placed on Regulations Nos. 140 and 141 of the Board, which are as under:--"140. Candidates shall be declared to have passed the Examination, if they secure 33 per cent of the marks in the subjects in which they appear at the supplementary Examination. No division shall, however, be awarded to such candidates. " "141. Candidates who failed either in the theoretical or practical part of a science subject shall be required to pass only in the part in which they have failed. The minimum pass percentage shall be the same as in the case of candidates appearing in all subjects. " learned counsel appearing for the Board contended that according to the above-quoted Regulation No. 141, the petitioner having failed in theory papers was entitled to appear only in theory papers in the supplementary examination. We are unable to agree with this contention. Regulation No. 141 applies only to those candidates who had originally appeared in subjects which had been bifurcated into theory and practical examinations. Where a candidate is not originally examined in theory and practical examinations Regulation No. 141 can have no application. It is only when a candidate has been examined both in theory and practice and failed in one of the two that the candidate will have to appear in that part in which the candidate had failed. But in the present case the petitioner was originally not examined in theory and practice both. When she was examined there were two theory papers only of 50 marks each. The whole subject carried 100 marks and she had to obtain 33 marks out of 100 in order to succeed. In 1970 the method of examination was altered and the two theory papers were of 35 marks each and there was a practical examination of 30 marks. Naturally, when the candidate appeared in 1970 examination along with regular candidates and received papers of 35 marks only, she was bound to think that she was to appear in the practical examination also, so that she appears in the whole subject carrying 100 marks. There was nothing wrong in that line of thinking and it was on that basis that she seems to have been permitted by the Principal in charge of the examination centre to appear in the practical test also. Regulation 140 only applies.