SAROJ Vs. MAHARISHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) The petitioner-Saroj appeared in the final examination of the Post Graduate Diploma in Labour Law, Labour Welfare and Personnel Management for the first time in May, 1996. On the declaration of the result on 7th October, 1996 vide Annexure P-5, she was shown as having obtained 42% and 46% marks in Papers-I and IV respectively. As the pass percentage was 50, the petitioner was called upon to appear in Paper I yet again and she, accordingly, appeared in the examination held in September, 1997. On the declaration of the result on 20th November, 1997 vide Annexure P-1, she was once again shown as having failed, as she had got only 45 marks in Paper-I. The petitioner has, accordingly, come to this Court claiming that as the total marks for the diploma in question were 650, she was entitled to seven grace marks in all and if these seven marks had been given to her, she would have passed the said paper having secured 52 marks.

(2.) On notice of motion, a reply has been filed by the respondent-University and it has been conceded that the petitioner was entitled to the award of seven grace marks. It has, however, been explained that as a matter of fact, the petitioner had obtained only 46% marks in Paper IV in the examination held in May, 1996 and that four out of seven grace marks that were available to the petitioner had been given to her at that time making a total of 50% marks in all so as to enable her to pass in the paper. It has also been pleaded that at best only three marks now remained available to the petitioner and if these three marks were added to the 45% marks, the petitioner would still not get 50% marks in the examination in Paper-I so as to pass the examination.

(3.) A replication has also been filed by the petitioner and it has been pointed out that it had nowhere been mentioned in the result sheet Annexure P5 that four grace marks had been exhausted while giving the same to the petitioner in Paper-IV and that this clearly was an after-thought and contrary to the record.