ANITA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Is the action of the respondents in declaring the petitioner to have failed and not awarding her 5 grace marks in the subject of 'Role of the teacher and Education in the 'Indian Progressive Society' so as to enable her to earn a compartment, discriminatory and violative of Art. 14 of the Constitution ? This is the short question that arises for consideration in this writ petition. In Civil Writ petition No. 9760 of 1989 (Naresh Shori v. Punjab School Education Board) a Division Bench of this Court had taken the view that

(2.) The petitioner joined a two year Course leading to the award of Diploma in Education at the Government Elementary Teachers Training Institute, Bhiwani. In April, 1992, she appeared in the second year examination. The result was declared on 1/05/1992. She passed in various subjects, but secured only six marks out of 40 in the subject of 'Rule of the Teacher and Education in the Indian Progressive Society' (hereinafter referred to as 'the Subject'). On this account, she was declared to have failed. Averring that the purpose of awarding the grace marks is only to save a year of the student, she claims that she was entitled to the award of five grace marks so as to enable her to earn compartment in the subject. On this premises, a prayer has been made for the issue of a writ of mandamus directing the respondents to award her 5 grace marks so that the petitioner can be declared to have been placed in compartment instead of having failed in the examination.

(3.) A written statement has been filed on behalf of the respondents. It has been inter alia averred that CWP No. 11905 of 1992 has already been dismissed by a Division Bench of this Court. It has been further averred that the department has issued instructions laying down the minimum marks that a candidate has to secure for passing the examination or for being placed in compartment. According to the respondents, a trainee has to secure 40 % marks in each paper separately for being able to pass it. Further a candidate "who fails in one paper of theory securing at least 20% marks in that paper but passes in all other theory papers and other Sections of practical Examination shall be placed under compartment." Since the petitioner had failed to secure 20% marks in the relevant paper, she could not be placed under compartment. It has been further pointed out that provision for the award of grace marks has been made on the pattern followed in the State of Punjab whereby a total of 5 grace marks can be given in one or more subjects only in that case "where a candidate is able to get through the examination." Reference has also been made to a letter dated 11/08/1976 in which it has been inter alia provided that "the candidate be place impart by awarding grace marks." On these premise, the petitioner's claim has been controverted and it has been prayed that the writ petition be dismissed.