D.P.GUPTA, J. - (1.) A short but intersting question arises for decision in this writ petition about the interpretation of the rules relating to giving of grace marks at the departmental examination conducted by the Education Department of the State of Rajasthan.
(2.) THE petitioner is a third grade to cher employed in the education Department of the State of Rajasthan. In the year 1970 he appeared at the B.S.T.C. examination held by the Registrar, Departmental Examinations, of the Education Deppartment, Rajasthan. The Petitioner was successful in all other subject except in the subject of Educational Psychology and Health Education with the result that he was declared to have failed at the BSTC examination, 1970. In the aforesaid subject, out of a total of 100 marks, 25 marks were meant for internal assessment, while 75 marks were assigned to external examination. According to the rules governing the said departmental examination the candidate was required to obtain atleast 25% marks in the external examination while he was required to obtain 33% marks in the aggregate of internal and external examination. In the subject of Educational Psychology and Health Education, the petitioner got 12 marks in the internal assessment while he obtained 17 marks in the external paper and thus, he obtained only 29 marks out of 100 in the aggregate in the aforesaid subject. The petitioner thus fell short of 2 marks only in the external paper of Educational Psychology while he was short by 4 marks in the aggregate of the internal examinations, in the subject of Education Psychology. There is no dispute between the parties that the petitioner had failed to secure the minimum pass marks in the external paper required at the aforesaid examination, which was 19 and he also failed to secure the minimum 33% marks in the aggregate in the subject of Educational Psychology. Now, the question, which arises for consideration, is about the application of grace marks rules, a copy of which has been produced by the respondents as Ex. B/2. According to the Grace Marks Rules, the candidates appearing at the various examinations conducted by the Education Department of the State, the grace marks would be available only in the externa! examination paper. According to the following table, in such case where the marks obtained by the candidate are less than the minimum pass marks: By one to 5 marks 1 grace mark By 6 to 10 marks 2 grace marks By 11 to 15 marks 3 grace marks By 16 to 20 marks 4 grace marks By 21 to 25 marks 5 grace marks The explanatory notes which have been appended below the aforesaid grace marks rules provide that in no case more than 5 grace marks would be given to any candidate if the grace marks were required to be given in two external examination papers, then 5 marks could be distributed in two external papers. Further it has been provided that only such grace marks shall be given, subject to the maximum 5 marks, as would be necessary for the candidate to pass the examination, meaning thereby that even if a candidate may be entitled to 5 grace marks yet, if he required only one grace mark for passing the examination, then only one grace mark will be given to such candidate. It has also been specified that grace marks shall not be added to the total obtained by the candidate for the purpose of determining the division. The main rule cleary provides that the grace marks shall be awarded for a particular purpose to the extent of 5 marks, namely, to enable the candidate to pass the examination. Thus the grace marks would not be added to the marks obtained by the candidate for determination of division, but they would be notionally given only in the external Paper to enable such candidate to pass the examination. But a further provision has been made that if a candidate fell short of one mark only in obtaining I or II Division, then one mark will be added in the total so as to enable the candidate to obtain the requisite Division.
(3.) THE grace marks Rules, therefore, make it abundantly clear that the candidate can be given grace marks upto a maximum of 5, according to the table referred to above, in the external paper, but it would only be a notional increase in the particular subject or subjects and would not be added to the total marks obtained by the candidate in the examination and further that only as many grace marks would be necessary for the candidate, to pass. In the case of the petitioner, the aggregate marks obtained by him exceed the minimum pass marks by 43 marks and as such the petitioner was entitled to maximum 5 grace marks, or as many grace marks to the limit of 5 marks as might be necessary for him to pass the examination. However, if only four grace marks would have been given to the petitioner in the external paper relating to Education Psychology and Health Education, then he would be deemed to have obtained 21 marks in that paper and 33 marks in all, in the subject of Educational Psychology, with the result that he would have passed in the subject and in the examination as well.;