K. Kannan, J. - (1.) THE petitioner seeks through the writ petition a mandamus directing the respondents to award him a degree of honours in Bachelor of Engineering (Mechanical), in that he has secured more than 70% marks in aggregate in first attempt. The petitioner's contention is founded on an assertion that he has secured 70% in aggregate in all the subjects and, therefore, he is entitled to be awarded with the honours degree. This contention is resisted by the University on a plea that apart from written examination, he has to qualify also in practicals which is brought through the internal assessment and he had in the first year failed to secure the minimum grade of 50% marks and since he obtained below 50%, he reappeared and cleared the second time. Consequently, the petitioner cannot be said to have secured the qualification to be awarded the honours degree.
(2.) THE issue hinges on whether in terms of the Regulations, there is any disqualification that the petitioner has secured on account of the fact that his own grading had been less than 50% in practicals and inasmuch as he had given the practicals through second attempt, and hence, he cannot be awarded with the honours degree. The relevant regulations would be 10, 11 and 14 which are reproduced as under: - "10. A candidate will be deemed to have passed in a subject if he obtains the following minimum marks: (a) 40 per cent in examination marks (if a University examination is prescribed); (b) 50 per cent in internal assessment/sessional marks." "11. If a candidate fails in the examination part of a subject he will have to reappear in that part in a subsequent examination. If a candidate fails in internal assessment/sessional he will be required to improve his internal assessment/sessional marks by doing extra work to the satisfaction of the Head of the Department provided that this improvement can be only upto 50 per cent marks." "14. The divisions will be awarded as follows: The argument is that the Regulation 14 refers to the requirement of first division with honours as obtaining in a situation where a student has cleared each subject at the first attempt, that is, first time a candidate has actually sat for the subject in the University examination. (emphasis supplied). The requirement is that the minimum marks in each subject would comprise of 40% in the examination marks if the University examination is prescribed and 50 marks in internal assessment/sessional marks. We have extracted already extracted the requirement in Clause 14 which talks about a candidate sitting for the subject in the University examination. The expression "University examination" is used for 40% and 50% is referred to as an internal assessment and the qualification as University examination does not obtain to the internal assessment/sessional marks. It shows again that a clear distinction is discernible in qualifying in University examination as theory in which a person is required to have 40%, while the internal assessment does not secure a similar treatment in terms of marks and the expression used. This distinction is maintained in yet another provision as well as what we can see through Regulation 11. The Regulations provides that a person could be said to fail in part of a subject when a person fails in theory examination when he will have to reappear in that part in a subsequent examination. The appearance in an examination is required by a person that fails in theory, but there is no requirement to appear in any examination if he fails in internal assessment. A different expression is brought in Clause 11 which says that a person that fails in internal assessment or sessions will be required "to improve his internal assessment by doing extra work". In my view, this difference makes it clear that Regulation 14 could result in a person's disqualification to clear honours even if he has in the aggregate secured more than 70% in all the subjects when in any theory paper he has appeared more than once. This disqualification does not arise to the petitioner. Accordingly, he shall be entitled to conferment of honours degree.
(3.) I allow the writ petition and direct the University to issue to the petitioner an honours degree in the manner that he has sought for through the writ petition. The writ petition is allowed on the above terms.;