JUDGMENT H.N. Seth, J. - By this petition under Article 226 of the Constitution Petitioner Km. Renu Sharma prays for a writ directing respondent No. 1 to declare that she had passed her Intermediate Examination. 2. Petitioner appeared in the Intermediate Examination conducted by respondent No. 1 for the year 1983 as a private candidate from Government Girls Inter College, Bulandshahr. The result of the said examination was announced in the month of June, 1983 and it was declared that the petitioner was entitled to avail of the supplementary examination in the subject of Indian History. The petitioner appeared in the Supplementary Examination in Indian History but unfortunately for her, she could secure only 29 marks out of 100 marks and could not be declared to have passed the Intermediate Examination. The rules framed under the Intermediate Education Act provide that in case a student fails in supplementary examination, he can avail one more chance and can appear only in that subject in which he had failed, next year, along with other students. Accordingly, the petitioner took the second chance and appeared in the two papers of Indian History in the examination conducted by the Board in the month of March/April, 1984. Again, the petitioner's name was not shown in the list of successful candidates. She made enquiries and was informed that she had been marked absent by the Board and that no marks had been awarded to her in any of the two papers. She then approached the Centre Superintendent, who informed respondent No. 1 that the petitioner had, in fact appeared in the Intermediate Examination and that she had been wrongly marked absent. As a result of efforts made by respondent No. 1, petitioner's answer took for History second paper alone was traced out and it was found that she had in that paper, secured only 13 marks out of 50 marks. Petitioner's answer book of History paper I could not be traced. The petitioner claims that, in the circumstances, she should be awarded marks in History 1st paper after proportionately increasing in the light of the marks obtained by her in History paper II, the marks obtained by her in that paper in the first supplementary examination. So computed, she will become entitled to 25 marks out of 100 marks in History 1st paper and would been entitled to be declared successful in the examination. 3. So computed, she will become entitled to 25 marks out of 100 marks in History 1st paper and would been entitled to be declared successful in the examination. 3. On behalf of the respondents, it is not disputed that petitioner's answer book pertaining to 1st paper of Indian History in which she appeared in the month of March/April, 1984 is not forthcoming. They also do not dispute that the petitioner did appear in that paper. Their case is that she is entitled to be awarded only average marks obtained by her in the History papers of 1983 examination as also of History paper II of the second supplementary examination. The petitioner had served, in all, 69 out of 250 marks in all these papers. Average of the marks obtained by her thus works out to 13/50 or 13 marks out of 50 marks, which alone can be awarded to her in respect of History 1st paper. Even if the petitioner is given 3 grace marks, as per Secretary's circular, dated 19th of September, 1983 total marks secured by the petitioner in the two papers of History, would come to only 20 out of 100 marks. Admittedly pass marks are 33%. The petitioner has thus failed in the examination and is not entitled to the earlier claimed by her. 4. The Court required the learned Standing Counsel appearing for respondent No. 1 to place before it the material for justifying its stand. Respondent No. 1 produced before us a copy of the office order dated 19th of September, 1983 issued the Secretary of the High School and Intermediate Board which mentions that the Examination Committee of the Board had in its meeting, dated 10th of the June, 1983 decided that in cases where the result of a candidate appearing in the Intermediate Examination for the year, 1983 was incomplete because of non-availability of the marks obtained by him in some paper, the candidate a had to be in that paper, awarded average marks and his/her result had to be declared accordingly. The circular also mentioned that the method of computing average marks had been indicated in the list annexed thereto which indicates the principle for awarding average marks, thus:- Maximum marks 50 Maximum marks 30 Maximum mark 33-35 On 1-17.....3 Marks On 1-10..... 3 Marks On 11.....3 Marks On 18-34....2 Marks On 11-20.... The circular also mentioned that the method of computing average marks had been indicated in the list annexed thereto which indicates the principle for awarding average marks, thus:- Maximum marks 50 Maximum marks 30 Maximum mark 33-35 On 1-17.....3 Marks On 1-10..... 3 Marks On 11.....3 Marks On 18-34....2 Marks On 11-20.... 2 Marks On 12-22.....2 Marks On 35-45....1 Mark On 21-29.....1 Mark On 23-32......1 Mark 5. It thus appears that according to the decision of the Examination Committee of the Board, in cases where answer book of a candidate relating to some paper is not available and maximum marks obtainable in that paper 50 marks, he has to be awarded in that paper, average of the marks obtained by him in other papers and the same is to be increased by 3 grace marks if such average works out in between 1-17. In case such average works out in between 18-33, he has to be awarded 2 grace marks and 1 grace mark is to be awarded in cases where it works out in between 25 and 49 marks. 6. In the instant case, 1st paper of Indian History carried 50 maximum marks. The question that arises for consideration is with regard to the manner in which the average mark obtained by a candidate for being awarded in respect of missing paper are to be worked out. There is nothing in the said resolution of the Examination Committee to show that while working out such average marks, only the marks obtained in the concerned subject is to be taken into account. We find absolutely no justification for so limiting the working of the average. It is not disputed that in most subjects, only two papers are set for examining the candidates. Accordingly, in a case where the answer book of a candidate in on a paper of the main examination is missing, no question of working out of the average on the basis of the remaining paper in that subject alone can possibly arise. In our opinion, the resolution of the Examination Committee clearly implies that in such cases, the average of the marks obtained by the candidate has to be worked out on the basis of available marks obtained by him in all the papers in which he has appeared in connection with the said examination. In our opinion, the resolution of the Examination Committee clearly implies that in such cases, the average of the marks obtained by the candidate has to be worked out on the basis of available marks obtained by him in all the papers in which he has appeared in connection with the said examination. The petitioner has secured 185 marks out of 500 marks in all the papers in which she appeared in the main examination of the year, 1983. She secured 29 out of 100 marks in the two papers of History in which she appeared in that first supplementary examination. Likewise, she secured 13 out of 50 marks in the second paper of the Indian History in the second supplementary examination. The available marks obtained by the petitioner in various papers, thus work out to 227 marks secured by her in each paper of 50 marks thus work out to little more than 17 marks. Increasing the said marks by 3 grace marks, as per Examination Committee's resolution the petitioner becomes entitled for being awarded 20 out of 50 marks in the missing History I paper of the second supplementary examination. The total marks secured by her in the two papers thus come to 20+13 = 33 out of 100 marks. Having secured 33% marks in her second supplementary examination, petitioner is entitled to declaration of her Intermediate Examination result on that basis. 7. In the result, the petition succeeds and is allowed. The respondents are directed to declare petitioner's result on the basis that she had secured 20 out of 50 marks in the Indian History 1st paper in the second supplementary examination. Parties are directed to bear their own costs.