Bal Raj Tuli, J. - (1.) THE Petitioner joined the Master of Arts Course in the Punjabi University at Patiala with Economics as his subject in the year 1965. The Master of Arts examination is held in two parts. Each part consists of four papers of one hundred marks each. The total aggregate of marks in each part is thus four hundred.
(2.) THE Petitioner cleared the first part of the Master of Arts examination in the year 1966 without requiring any grace marks. He appeared in Part II examination held in April, 1968 and obtained the following marks in each paper: Paper I 27 Paper II 34 Paper III 45 Paper IV 57 The minimum number of marks required to pass in each paper is 33 per cent and in the aggregate 40 per cent. The Petitioner thus failed in Paper I, not having been able to obtain 33 marks although in the aggregate he had obtained 163 marks which are more than 40 per cent marks. He claimed that under Rule 6 of the Punjabi University Calendar 1966 -67, Volume II, he was entitled to 8 grace marks, that is, 1 per cent of the total aggregate marks of both Part I and Part II as the Master of Arts examination consisted of both the parts and if given 6 grace marks in Paper I, he would be deemed to have passed the examination in Master of Arts in Economics. The University did not agree with the contention of the Petitioner as it is of the opinion that grace marks can be given only on the total aggregate marks of each Part and not of the entire Master of Arts examination. The Petitioner then filed the present writ petition on November 19, 1968, in which he prayed that he should be declared to have passed the Master of Arts examination in Economics from the Respondent -University held in April, 1968 and that the Petitioner is holding a degree of Master of Arts. A further direction is sought to be issued to the Respondent to declare the result of the Petitioner to the effect that he has passed the Master of Arts examination held in April. 1968.
(3.) THE return to the writ petition has been filed by the Registrar of the Punjabi University in which it has been emphasized that according to Rule 6 ibid the Petitioner is entitled to only 4 grace marks, that is, 1 per cent of total aggregate marks of Part II and not to 8 marks as claimed by him on the total aggregate marks of both Part I and Part II. It is the interpretation of the relevant rules of the Punjabi University Calendar which is called for in this case. The relevant rules are given in the Punjabi University Calendar 1966 -67, Volume II, at pages 32 to 36 under the Ordinance relating to "Master of Arts Examination". The relevant rules are set out below: (1) The examination for the degree of Master of Arts shall be held in two parts to be called Part I and Part II and shall be held annually in the month of April, or on such other dates as may be fixed by the Academic Council. (5) The examination in each Part shall consist of four papers according to the syllabus prescribed for that part. Each paper shall be of three hours' duration and carry 100 marks. (6) The minimum number of marks required to pass shall be 33 per cent in each paper/thesis and 40 per cent in the aggregate in each part: Provided that if a candidate who fails in one or more paper (s) and/or aggregate by not more than 1 per cent of the total aggregate marks shall be given the marks to pass the examination and these shall be to his best advantage. Provided further that this concession shall also apply to a candidate appearing in the examination under Ordinance relating to Compartment.;