POONAM JYOTI Vs. PUNJAB SCHOOL EDUCATION BOARD

JUDGEMENT

(1.) After hearing the learned counsel for the parties at length, we find this case is squarely covered by the Division Bench judgment of this Court in CWP No. 9760 of 1989 (Narain Shori v. State of Punjab) decided on 15th September, 1989, and the petitioner is entitled to the benefit of grace marks according to clause (i) of Regulation 16(b) of the Punjab School Education Board Senior Secondary Certificate Examination Part II Regulations, 1988.

(2.) . The judgment of the Hon'ble the Supreme Court cited as Panjab University, Chandigarh v. Sunder Singh, SC AIR(919) which has been relied upon by the learned counsel for the respondent-Board, is not applicable to the facts of the present case; inasmuch as the prayer of the petitioner in the present case is for declaration of her result in the subject of Mathematics in Senior Secondary Certificate Examination Part II, after counting the grace marks according to the Regulations of the respondent-Board, whereas the case before the Hon'ble Supreme Court was of an L.L.M. student where prayer for the award of grace marks in the highest professional examination in law was declined.

(3.) Consequently, we allow this writ petition and direct the respondent- Board to declare the result of the petitioner in the subject of Mathematics in Senior Secondary Certificate Examination Part II and if after allowing her the benefit of grace marks according to clause (i) of Regulation 16(b) equivalent to 1 per cent of the total aggregate marks of the entire examination, she qualifies for the pass percentage, to declare her pass forthwith. There shall be no order as to costs.