RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the absence of rules or regulations governing the matter, is a writ of mandamus competent to direct the grant of grace marks to a failed candidate merely on the ground that such marks have been given to some others? This is the matter which arises for consideration in this petition under Article 226 of the Constitution of India.

(2.) The petitioner, Rajinder Kumar, was a student of the Punjab State Faculty of Ayurvedic and Unani System of Medicine. Amritsar. After four earlier unsuccessful attempts to pass the fifth year professional examine of the faculty, he failed in his fifth attempt too, but this time by only 11 marks. It was his claim that he was entitled to these 11 marks as grace marks on the ground that there were instances, quoted in the writ petition, where candidates had been given grace marks.

(3.) No return was filed by any of the respondents. The stand of Mr. Roop Chand, counsel for respondents 3, 4 and 6 being that the writ petition could be disposed of merely on the legal issue raised therein and no return was, there fore, necessary.