A.N. Varma, J. - (1.) The petitioner, a student of B.A. part-I has approached this Court for a writ of certiorari quashing an endorsement in the mark - sheet issued to him showing that he has failed at the B. A. part-I examination held by the Gorakhpur University for the year 1984 - 85. The case of the petitioner is that on the marks obtained by him he was clearly entitled to be declared pass at the said examination, but the respondents have wrongly made the endorsement that the petitioner has failed.
(2.) Initially, the mark-sheet issued to the petitioner showed that the petitioner had passed the examination. In the result announced in the newspapers also he was shown to have passed the examination Subsequently, it is alleged that on account of the malice of the dealing clerk of the College from which the petitioner had appeared at the examination, the endorsement was changed from "passed" into "failed". Two counter affidavits have been filed one on behalf of University and the other on behalf of the College, namely, L.A.V. Snatakottar Mahavidyalaya, Azamgarh. In both while denying the allegations of mala fides, it has been asserted that on the marks obtained by the petitioner, he had clearly failed at the examination in view of the relevant Statutory provisions which would be adverted to later.
(3.) The petitioner had offered three subjects namely. Sociology, Political Science and Military Science. It was not disputed that the subject of Military Science involved both practical as well as theory papers. In the theory papers of Military Science, the petitioner had secured an aggregate of 30 out of 100 while in practical he had secured 31 out of 50. Learned counsel for petitioner did not dispute that the minimum pass marks for theory papers in Military Science was 33. If, therefore, we reach the conclusion that the petitioner had to pass both in theory papers as well as practical in the subject of Military Science, it is apparent that the petitioner would be deemed to have failed at the examination, having failed to secure the minimum pass marks in the theory papers.;