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1971 DIGILAW 325 (KAR)

M. VEERAPPA v. CONTROLLER OF EXAMINATIONS

1971-10-29

MALIMATH, NARAYANA PAI

body1971
NARAYANA PAI, CJ. ( 1 ) THE petitioner having read for the B. A. Degree Course of the Bangalore university, appeared for what are described as Major Subjects, history and Political Science, at the final examination held in April-May 1970. The said two subjects are included in one part of the Course of study which is made up of one minor subject and two major subjects. The petitioner had already appeared for the minor subject and passed in the same. ( 2 ) AT the examination now in question, he appeared for the two major Subjects and secured 145 out of 400 in History and 165 out of 400 in Political Science. According to the regulations, for a pass in the Major subjects an examinee should secure at least 35 per cent in each subject and 40 per cent on the aggregate. The petitioner has secured 35 per cent in each of the subjects but the total does not amount to 40 per cent of the aggregate. ( 3 ) THE petitioner claims that he is entitled to an addition of 10 marks by way of grace amounting to one per cent of the maximum number of marks for the entire Part made up of one minor subject and two major subjects. On the other side, the University says that the petitioner is entitled to take into account only the maximum of the subjects for which he submitted himself for the examination which is 800; one cent of 800 being only 8 is insufficient to secure a comfortable pass for the petitioner. ( 4 ) THE question is which of these two interpretations is correct. ( 5 ) REGULATIONS on which much ingenious argument has been expended read as follows :" (1) For purpose of gracing the 'subject' wherever referred to in these Regulations governing moderation and gracing in connection with the University Examinations, is defined as a Unit which has a separate minimum of passing. Wherever a separate minimum is prescribed for an aggregate, it snail be deemed as a separate subject for purpose of determining the amount of gracing notwithstanding the components of each aggregate also being deemed as subject (2) Gracing up to one per cent of maximum in each part or group not exceeding a maximum of two per cent in any single subject treating the aggregate also as a subject by itself be done. " ( 6 ) ONE thing that is clear is that addition of marks by way of grace is neressary only when there is a deficiency in the marks secured by an examinee. It is also equally clear to us that what is taken tor consideration for the purpose of gracing or moderation is an examination, by wnich we mean an examination taken by a student at a given time according to the schedule prescribed for it. If it is permissible for a student to take examinations in different subjects at different times, every time he appears for a subject or a group of subjects according to the said permissive Regulations, he is appearing for an examination and the gracing or moderation should be done with respect to the examination taken by him. ( 7 ) IF these two ideas are borne in mind, much of the confusion and misapprehension gets removed. ( 8 ) IN the present case, the petitioner had appeared for the two major Subjects-History and Political Science. So far as individual subjects are concerned, he has secured the minimum of 35 per cent required by Regulations. He is deficient only in the total. So far as that is concerned, the maximum that can be permitted is one per cent because by whatever name called (Part, subject or unit), the examination is one and the highest that the petitioner can secure by way of grace marks is one per cent of the maximum of all subjects taken by him at the said examination. ( 9 ) THE petitioner is not entitled to more than 8 marks by way of grace; but that is not sufficient to secure for him a pass in the examination. Writ Petition is dsamissed. --- *** --- .