GEETA RAM SHARMA Vs. STATE OF HP

JUDGEMENT

(1.) The issue raised in this writ petition is with regard to the claim made by the writ petitioner for grace marks. An identical issue was considered by the learned Single Judge of this court in CWP(T) No. 4490 of 2008 Satish Kumar Vs. H.P.S.E.B. and others and in appeal, we have held as follows:-

(2.) Learned counsel for the Board vehemently contended that the question of grace marks arises only in case a candidate has been exempted from re-appearing in any paper, having had secured 60% marks or above in any other subjects. Admittedly the petitioner had not secured 60% or above in three out of four subjects in his first attempt. Yet, the candidate was exempted from re- appearing in all the three papers. He was required to appear only in one paper. If that be so, the very conduct of the Board in having permitted the writ petitioner to have taken examination in only one paper out of four papers, it is to be taken that there was deemed exemption and thus the writ petitioner was entitled to grace marks. In that view of the matter, we do not find any merit in this appeal and the same is dismissed. The writ petitioner shall be entitled to grace marks and consequential benefits."

(3.) In that view of the matter, the writ petition is allowed. The petitioner shall be entitled to grace marks and consequential benefits. The pending application(s), if any, also stands disposed of. Copy Dasti.