ABRAHAM MATHEWS Vs. ASST COMMISSIONER KENDRIYA

JUDGEMENT

(1.) HEARD Mr. J.M. Mohanty, learned counsel for the petitioner and Mr. A. Mohanty, learned counsel for the opp. parties.

(2.) THE minor daughter of the petitioner - Rini Abraham is studying in Kendriya Vidyalaya, INS, Chilka. She has been denied promotion from Class -VIII to Class -IX on the ground that she has secured only 6.8 out of 40 marks in Mathematics paper in the Annual Examination. The petitioner has filed this writ petition under Article 226 of the Constitution for directing the opp.parties to declare the petitioner's minor daughter to have passed in the Annual Examination of the year 2001 -2002 and to declare her as promoted from Class -VIII to Class -IX.

(3.) MR Ashok Mohanty, learned counsel for the opp.parties, on the other hand, referred to the provisions of Rule 116 -A (b) and Rule 116 -B (ii) of the Education Code for Kendriya Vidyalayas and submitted that the said rules clearly provide that a student must secure 13 marks out of 40 in the Annual Examination and not les than 35 % marks in Mathematics to be eligible for promotion. According to Mr Ashok Mohanty, Rule 117 has to be interpreted consistent with the said rule in Rule 1 16 -A (b) and 116 -B (ii) and so interpreted a student has to secure 30 % marks in the Annual Examination itself to be promoted even under Rule 1 17 of the Education Code for Kendriya Vidyalayas.