V.M.SAHAI, J. - (1.) THE only question that arises for consideration in this petition filed by a student of Class XI is whether the Principal was justified in denying promotion to him to Class XII because he failed to secure 25% marks in Physics theory even though he secured 40% marks in very subject and in aggregate as well.
(2.) THE petitioner, was a regular student of class XI of Manohar Bhushan Inter College, Bareilly. In home examination of class XI, session 1999 -2000 he was declared failed. Annual report card was issued to him on 15.5.2000. He had secured 240 out of 500 marks. He had secured 40% marks in each subject individually and in aggregate as well. But he was not promoted to class XII as his marks in half -yearly examination were very poor. In the combined result of half yearly and annual examination he could not secure 33% marks in aggregate. He had also failed in English and Physics. According to the counter affidavit he was failed by 2 marks in English and 12 marks in Physics. He was not promoted as even after giving benefit of 10 grace marks which is the maximum he fell short by 4 marks. A representation was made to the Principal on 6.6.2000 for promoting him to class XII. It was not decided. The petitioner challenged his result by this petition and claimed promotion to class XII. This Court on 20.7.2000 directed the Principal/respondent No. 3 to decide the representation dated 6.6.2000. By order dated 3.8.2000 the respresentation has been rejected by the Principal. He held that a student who appeared both in half -; early and annual examination but was not entitled to be promoted even after award of grace marks to the combined total, then such a student could be promoted on marks awarded in annual examination, but in that case it was mandatory for such candidate to secure 33% in each subject and 40% in aggregate. He further held that in such circumstances a student would not be entitled to any grace marks as was clear from Regulations, 20 of the U.P. Intermediate Examination Regulations, 1921. And the student must pass both in theory and practical as provided by the Regulations of Board of High School and Intermediate Education, U.P., Allahabad (in brief Board). He held that since the petitioner has failed in Physicas theory it was not possible to declare him pass. I have heard Sri Ashwani Kumar Mishra, learned Counsel for the petitioner and Sri R. D. Agrawal, learned Counsel appearing for respondent No. 3 and Sri Abhinava Upadhya, learned Standing Counsel for respondent Nos. 1 and 2.
(3.) THE learned Counsel for the petitioner urged that the petitioner has secured in the annual examination 40% marks in all the subjects and also in aggregate, therefore, he was entitled to be promoted, as per amended Rule 119 (kha) of the Education Code. He further urged that even if result of half -yearly examination was considered the petitioner was entitled for grace marks in Physics theory paper. The learned Counsel submitted that the respresentation has been illegally rejected by the Principal on the ground that Regulations of the Board applies to home examination of class XI.;