RATISH MOHAN Vs. THE REGISTRAR, PUNJAB UNIVERSITY

JUDGEMENT

(1.) THE petitioner joined the Law Faculty of the Punjab University in the year 1967 and appeared in the F.E.L. Examination held in April, 1968. In that examination he obtained 40 marks in Paper I, 56 marks in Paper II, 50 Marks in Paper III, 41 marks in Paper IV, 51 marks in Paper V and 50 marks in Paper VI. The minimum number of marks for a pass is 40 so that, in every subject he passed but he could not get 50 per cent of the total aggregate marks in order to be declared successful in the examination. He obtained only 288 marks out of 600. According to Regulation 7.2 at page 329 of Punjab University Calendar 1968, Volume II, he was required to re -appear in Paper I and Paper IV in which he had obtained less than 50 percent marks. In other papers having obtained 50 or more than 50 per cent marks, he was exempted from re -appearing. The petitioner re -appeared in the Supplementary Examination held in September, 1968 in Papers I and IV and obtained 50 and 40 marks respectively in those papers. Counting the marks obtained in Papers II, III, V and VI in April, 1968 examination and the marks obtained in Papers I and IV in the examination held in September, 1968, he obtained 297 marks out of 600 and passed in every subject. He failed in the aggregate as he was short by 3 marks. He claimed 3 grace marks from the University but his request was turned down. He then filed the present writ petition in this Court on February 6, 1969.

(2.) THE relevant regulations are as under:

(3.) FOR the reasons given above, this writ petition is accepted and the respondent is directed to award 3 grace marks to the petitioner to enable him to pass in the aggregate and thus declare him successful in the F.E.L. Examination held in September, 1968, Since this is the first case involving the interpretation of Regulation 7.5 which is a new regulation, I leave the parties to bear their own costs.