- (1.) DIRECTION is sought by this petition to quash order dated 18th January, 1986 cancelling result of High School examination of Petitioner of 1985 as he was erroneously awarded one grace mark. That the correctness of order cannot be challenged as it is apparent from mark -sheet that tube total marks obtained by Petitioner were 239 whereas under rules grace mark could be awarded to a candidate securing not less than 240 in aggregate. But due to declaration of his result earlier Petitioner secured admission in Intermediate. The mistake appears to have been detected sometime in November or December, 1985 as he was communicated in January, 1986 that due to the mistake his result was being cancelled. The effect of this is that Petitioner not only lost 1985 but due to late communication he was prevented from appearing in High School examination of 1986 as well. It is true that number of High School examinees is very large and detection of such mistake is bound to take time. At the same time, either the opposite party should so arrange their affairs as to finalise such cases within such time that a candidate gets information within time to fill up form etc. for next examination. Or if there is delay then he should be permitted to appear in next examination and relaxation or exemption should be granted from sending form by the date fixed by the Board. In absence of any rule or order the equities of parties have to be adjusted in such manner as to be just and fair. If the order is upheld then Petitioner for the mistake of opposite party in awarding grace mark and then the delay in its detection shall be made to loose not one but two years. That surely would be too hard. No body should be made to suffer for mistake of others. Therefore, even though the order is correct it cannot be maintained due to delayed action.
(2.) IN the result this petition succeeds and is allowed. The order dated 18th January, 1986 cancelling result of Petitioner is quashed. Parties shall, however, bear their own costs,;