VISHAL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE facts relevant to the disposal of the writ petition are as under : The petitioner appeared in the science examination of 10+1 conducted by the Haryana School Education Board (hereinafter called the 'board') under Roll No. 1574 in April, 1991. The petitioner passed the examination in English, Hindi and Mathematics, but failed in the Physics theory paper by one mark and in the Chemistry theory paper by 5 marks, as shown in the Result-cum-Detailed Card, copy whereof in Annexure P-l to the petition. The case of the petitioner is that by virtue of Rule 26 (A) of the Haryana School Education Board Rules (hereinafter called the 'rules'), the petitioner was entitled to the grant of grace marks so as to enable him to pass in one of the two failed papers which would entitled him to compartment and thereafter to admission to the next higher class provisionally. The relevant part of the aforesaid Rules is reproduced hereunder :

(2.) IT will be seen from the above-quotation that the Court interpreted the rule in favour of the petitioner yet the observations were that if a rule provided that the benefit of grace marks could not be given in order to earn compartment, then such a rule would be arbitrary and discriminatory. Resultantly, keeping in view the observations made in the aforesaid case, the present writ petition is allowed. Regulation 26 (b) in so far as it debars a failed candidate to the entitlement to the benefit of grace marks in order to earn compartment, is struck down as being arbitrary and discriminatory and, therefore, violative of Articles 14 and 16 of the Constitution of India. The respondent will accordingly give benefit of grace marks to, the petitioner so as to enable him to earn compartment and thereafter allow him all benefits that will flow from that action. The result of the petitioner is ordered to be declared within a week from the date of the receipt of copy of this judgment by the respondent.