- (1.) The Petitioner prays for issuance of a writ in the nature of mandamus directing the Respondent-Institute to issue her a certificate of A.M.I.E. (Civil) by taking into consideration 43 marks which she obtained in the subject of 'Structural Design' held in 'Winter 2003' and 50 marks obtained in 'Summer 2004' in the subject of 'Theory of Structures' and to treat her as having passed all the subjects.
(2.) The Petitioner got registered herself for the course of A.M.I.E. (Civil), conducted by the Institution of Engineers, in the year 1993. The examination for A.M.I.E. consists of two portions-Section A and Section B. The examinations are held twice a year-one in 'Winter Session' and the other in 'Summer Session'. The Petitioner successfully completed Section A in 1994 in the Winter Session and was admitted to Section B. She continued to appear for her examinations in the respective sessions of Summer and Winter upto Winter 2002 and cleared 7 subjects out of 10 in total. Annexure P-4 is the Detailed Marks Sheet indicating six subjects which she cleared and also cleared one more paper, namely 'Surveying' by securing 50 marks and thus she cleared 8 subjects out of 10. The Petitioner did not manage to clear two of the subjects i.e. 'Theory of Structures' and 'Structural Design' in Winter 2003 and obtained 19 and 43 marks, respectively. She then took the examination in Summer 2004, the result of which was declared on 24.9.2004, wherein she received 50 marks in 'Theory of Structures' and 25 marks in 'Structural Design'. The case of the Petitioner is that since she had obtained 43 marks in 'Structural Design' in the examination held in Winter 2003, the result of which was declared on 29.3.2004, the same should have been carried forward and considered to declare her pass as she had obtained more than 35 per cent marks in the said subject and more so when in the examination held in Summer 2004 she obtained 50 marks in 'Theory of Structures'. But in the 'Structural Design', the examination of which was taken again, she secured 34 marks in Winter 2002. It is her case that since she has completed all the 10 subjects, the marks which she has obtained in the last examinations in the subject of 'Structural Design' should have been ignored and she should have been declared pass by carrying forward the marks which she obtained in the examination held in Winter 2003. The claim of the Petitioner is primarily based on Rule 2.4.4 of the Institution Examinations, Volume 1, which is extracted as under: 2.4.4 The pass marks in each subject is 35, and for final pass a candidate is required to secure 50% in the aggregate. But, a candidate securing 50 or more marks in a subject shall be exempted from appearing in that subject again and the marks so obtained by him shall be carried forward. He shall be required and allowed to reappear only in those subjects in which he has secured less than 50 marks. However, if a candidate secures 50% or more in aggregate and at the same time secures not less than 35 marks in one or more subjects, he shall be declared "Passed" provided all the subjects in the scheme are entirely covered.
(3.) She pleads that in view of Rule 2.4.4 since she had obtained pass marks in each subject being more than 35 and she was required to secure 50% marks in aggregate.;