TRILOCHAN MABAKUL Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner appeared in M. A. Examination in English in July, 1969. His roll number was 387. The marks obtained by him are indicated in the mark sheet (Annexrure 8 ). The mark sheet is extracted hereunder: "utkal UNIVERSITY dated Bhubaneshwar, 2-12-1970. To, trilochan Mahakul. The following marks were awarded to him at the M. A. in English (whole)Examination of July, 1969. Roll No. 387 subjects Marks awarded Maximum Marks. English Paper I 42 100 paper II 42 100 paper III 45 100 paper IV 37 100 paper V 46 100 paper VI 45 100 pacer VII 0 100 paper VIII 32 100 total 289 800 in the first six papers he secured 257 marks out of 600. His case is that while answering the 7th and the 8th paper he felt that he would not do well and would not get a second class which is obtained if 48 per cent. marks is secured. Accordingly, he scored all the answers in the 7th and the 8th paper. But the university authorities illegally awarded him 32 marks in the 8th paper as a result of which he was shown to nave secured 289 marks in the aggregate out of 800. He has been allowed to pass and declared to have obtained a 3rd class. This writ application is filed to quash the marks in 7th and 8th papers in the mark list (Annexure 8) and to declare that he has failed in the Examination.

(2.) MR. Rath appearing for the University states before us that he himself went through the 7th and 8th papers and found that all the answers in both the papers have been scored through and as such, no marks should have been awarded on the 8th paper. If no marks are awarded on the 8th paper, the petitioner would secure in all 257 marks out of 800.

(3.) REGULATION 4 (1) (a) in Chapter IV of the Utkal University Regulations, Volume II runs thus: "4 (1) (a ). In order to pass in subjects I to XVI a candidate must obtain 36% marks in the aggregate. No minimum pass marks shall be required in any paper; but if in any paper a candidate obtains less than 25 marks, those marks shall not be included in his aggregate. The aggregate will be 400 or 800, according as the candidate is taking the examination part by part or as a whole. "