MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BRIEFLY, the case of the petitioners is that they are students of Industrial Training Institute, Ferozepur They appeared in the examination conducted by the Director, Technical Education, Industrial Training Punjab (hereinafter referred to as the Director), in July 1979. It is alleged that as Per instructions issued by respondent Nos. 1 and 2, it was decided in 1978 to give 10 race marks to any candidate who was failing by a margin of such marks The petitioners, it is alleged are failing in the examination and if they are given 10 grace marks as the candidates had been given in 1978, they would pass the examination. Consequently, they have prayed that a writ be issued directing the respondents to give benefit of the 10 grace marks to the petitioners.

(2.) THE writ petition has been contested by the respondents who have inter alia pleaded that the department adopted centralized procedure of examination in July, 1978. Prior to the aforesaid system, the evaluation of the papers used to be done by the examiners at the spot in the institutions but after the adpotion of centralized procedure of evaluation, the same system which was prevailing in the University was put into operation. That being the first year of the centralised procedure of examination, the Department sensing the poor pass percentage decided to allow 10 grace marks as a special case for 1978, in failing subjects to those candidates who could pass the examination. The said facility was afforded in a few trades. In 1979, Final Trade Test, the facility of three grace marks in a fail in subject to those candidates, who could pass the examination was extended to other trades also subject to the maximum of 10 marks in all the failing subjects but that too as u special case. dt is further pleaded that in the aforesaid circumstances the petitioners are not entitled to 10 grace marks as claimed by them.

(3.) IT is contended by the learned counsel for the petitioners that after the adoption of the centralized procedure of examination in July 1978. the candidates who were fail in by 10 marks, were given those marks. He argues that the candidates who appeared in the exam in July, 1979 are also entitled to the same benefit. According to the counsel, the respondents cannot be allowed to withdraw the same.