VENKATACHALA, J. ( 1 ) RAJESH Joshi, petitioner here, who had taken his II Year P. U. C. Examination conducted by the Pre-University Education board in Karnataka (for short 'the Board'), has sought for a declaration from this court that he was entitled to the addition of one grace mark in the subject of Chemistry in which he had secured 19 marks out of 90 marks in theory and 10 marks out of 10 marks in practical aggregating to 29 marks out of 100 maximum marks award- able for the subject of Chemistry. He has also sought for a consequential direction to the Board and its Director (respondents 1 and 2 respectively here) to correct the statement of marks issued to him, according to the declaration to be made by this court, and declare him as having passed the II Year P. U. C. Examination held by the Board in March/april 1989. ( 2 ) IT is not in dispute that respondent-1 has declared the petitioner as "failed" in the said examination because of his not securing 24 marks in Chemistry theory out of 90 maximum marks awardable thereto. It is also not in dispute that if regard is given to Resolution 14 of the Meeting of the Board of the Pre-University Education held on 26-1-1971 relating to award of grace mark, he would be entitled to the addition of one grace mark in the theory subject, if the minimum marks in the theory subject of Chemistry was not 24 as stated in Circular No. ACA. CR, 245/73-74 dated 23-6-1976 issued by the Director of the Board, but was 20 marks as found in regulation 11 of Two Year Pre-University course Regulations, Course of Study and scheme of Examinations and Syllabus (for short 'the Regulations') officially published in the year 1974. ( 3 ) IN the admitted facts' situation, adverted to above, the short point which arises for consideration and decision is whether the Board was justified in denying to the petitioner addition of one grace mark in the theory subject of Chemistry of the examination held in March/april 1989 on the basis of Circular No. ACA. CR. 245/73-74 dated 23-6-1976 issued by the director of the Board. CR. 245/73-74 dated 23-6-1976 issued by the director of the Board. ( 4 ) REGULATIONS 10 and 11 of the regulations, when they were made in the year 1971, provide that a two-year Pre- university Course student, who has science subject in Part-It, had to answer a theory subject with 75 marks and practical subject with 25 marks and again he would be entitled to a pass in such subject if he had secured not less than 20 marks in theory and 6 marks in practical thereto. However, the Board, in its 27th meeting held on 22-4-1976, on subject no. 5 in its Agenda, decided to dispense with the practical examination for the Pre- university Course students at the end of every year and increase the maximum marks in the theory subject from 75 to 90 and reduce the practical (internal assessment) marks in that subject from 25 to 10. Thereafter, the Board, in its 28th Meeting held on 2-6-1976, settled the mode in which the marks of a P. U. C. student at the end of the year should be computed and awarded in respect of internal assessment. Again, the Board, in its 29th meeting held on 10 9-1976, resolved to amend Regulations 10 and 11 of the Regulations declaring, inter alia, that there shall be no minimum marks fixed for internal assessment regarding practical work done by a student as required under former Regulation 11 and the Science subject theory marks of 75 should be increased to 90 marks and practical marks of 25 should be reduced to 10 marks treating the same as internal assessment marks. ( 5 ) NOW, if regard is had to all the said Regulations and the resolutions of the Board dealing with the maximum marks prescribed and minimum marks obtainable in theory paper of a subject with no minimum marks for practical work in a subject, it is difficult to sustain the circular dated 23-6-1976 issued by the director of the Board increasing the minimum marks obtainable by a student of the ii Year P. U. C. from 20 to 24 in a theory paper of the subject. If so, the said circular issued by the Director fixing the minimum marks in theory paper of 90 marks as 24 marks, has to be regarded as one falling out-side the said Regulations of the Board dealing with the matter or the Resolutions made by it in that regard, from time to time. Hence, it should necessarily follow that the petitioner is entitled to the declaration sought for in this writ petition and also the direction sought to be obtained against the respondents. ( 6 ) IN the result, I allow this writ petition, declare that the petitioner was entitled to one grace mark in the subject of Chemistry in the II Year P. U. C. Examination of the Board taken by him in march/april 1989 and direct the respondents to declare him as having passed the ii Year P. U. C. Examination instead of having declared him as "failed", by appropriately correcting the statement of marks of the II Year P. U. C. Examination issued to him. ( 7 ) THE learned High Court Government Pleader is permitted to file his memo of appearance for the respondents in two weeks. ( 8 ) THE request of the learned High court Government Pleader for stay of the operation of the order now made in this writ petition, for a period of two weeks, in my view, cannot be granted as it would have the effect of making the petitioner lose the seat secured by him in the national Law School of India. ( 9 ) A carbon copy of this order be handed over to the petitioner for being produced immediately before the concerned Authority or Officer of the National law School of India, Bangalore. Writ Petition allowed. --- *** --- .