ORAL JUDGMENT : (Per A. H. JOSHI, J) 1. The petitioner herein had appeared for first year Diploma in Education. The petitioner was issued mark list. The mark list indicates that the petitioner has failed. 2. The petitioner has secured less than 50% marks which is the passing percentage in first language and second language. 3. The petitioner has received 56 marks in Educational Psychology by securing 37 out of 80 marks in theory and 19 out of 20 marks in practical. 4. According to the Board, since the petitioner secured less than 50% marks i.e. secured 37 out of 80 marks in the theory subject Educational Psychology, he is liable to be treated as failed in that subject. 5. The respondents no.2 & 3 are treating that the petitioner has failed in three subjects namely two languages and Educational Psychology, and therefore, did not allow the petitioner to keep term for the Diploma in Education Second year. 6. The Board finds that the rules applicable as declared in the brochure allow the student to keep term only if they have failed in not more than two subjects, while as noted by the Board, the petitioner has failed in three subjects. 7. According to respondent Board, it is necessary to maintain the educational standard, and for that purpose, the rule is required to be read in the manner in which the board is reading. 8. The learned Advocate for the petitioner, in support of the claim, relied upon a clause relating to passing each subject as appearing in paragraph 11, and the relevant para/part is found at pages 27 & 28 of the petition paper book which reads as follows: “11) Final evaluation Only those student-teachers who get the Principals certificate of satisfactory performance (50% marks) in theory and practical activity shall be admitted for final evaluation. A) Theory Syllabus – The written marks shown in the theory syllabus of the above curriculum frame-work are the marks to be given by Maharashtra State Examination Council for the external examination. The Council will decide final marks of individual studnet-teacher by adding his internal marks of a specific subject given by the D. Ed. College to the external evaluation marks of the same subject. (The D. Ed. The Council will decide final marks of individual studnet-teacher by adding his internal marks of a specific subject given by the D. Ed. College to the external evaluation marks of the same subject. (The D. Ed. College has to see that these internal evaluation marks reach the Council on the particular date) “In this way grade, range and actual marks will be shown on the mark list Student-teachers with minimum 50% marks in each subject or 'C' grade, and 50% marks in total and 'C' grade will be declared as pass in the examination.” [Quoted from page 27 and 28 of Paper Book] 9. According to the petitioner, it is thus, clear that marks obtained in practical activity have to be added to the marks obtained in theory papers. Therefore, the word “50% marks in total” referred to in above quoted portion is required to be read as it is, and not by further division namely 50% in practical as well as theory. According to the petitioner, the Board cannot read into the rules, the text which is not contained. 10. We find that the passing percentage is not prescribed in the rules at any other place except one quoted above. In this background, it is a clear cut case where rules as stated in brochure will have to be followed. We find that the text of rule is eloquent, un-ambiguious and does not admit any other interpretation than the one advanced by the petitioner. Therefore, we hold that the petitioner is entitled to be declared and treated as passed in the subject Educational Psychology having secured total 56 marks in written test and practical examination. 11. We reject the submission of the board that the student must secure 50% marks in theory and practical each. Board who is policy/rule making authority may amend the rules, and has indeed amended the same. However, as the rules stood, when petitioner was examined, the board'splea is not based on the text quoted in para 6 above. 12. In the result, the petitioner is found to have failed in only two subjects namely languages. In the result, the petitioner falls in the class of students who are entitled to keep term. 13. Rule is therefore, made absolute in terms of prayer clause (1) and (2). 14. In the circumstances, parties are directed to bear own costs.