JUDGMENT AND ORDER : 1. The matter is taken up for disposal at the admission stage itself. 2. Heard learned counsel, Mr. Arijit Bhowmik for the petitioner and learned Addl. G.A., Mr. S. Chakraborty for respondent Nos. 1 and 2 and learned counsel, Mr. P. Dutta for respondent No. 3. 3. The petitioner appeared in Higher Secondary (+2 stage) Examination, 2016 under the Tripura Board of Secondary Education. When the result was published and the mark-sheet was issued she found that she got 67 marks in English, 36 marks in Bengali, 8 marks in Physics, 18 marks in Chemistry and 26 marks in Biology. The total mark secured by her was 253. Her status was that she passed English, Bengali and Biology but failed in Physics and Chemistry. 4. She applied for review of the result in respect of Physics and Chemistry in time and after review her marks in Physics and Chemistry were increased to total 13 marks in Physics and total 19 marks in Chemistry. 5. It is an admitted position that the Board has taken a decision to award 12 grace marks per subject and in total 40 marks to a candidate to enable him/her to reach the standard pass mark. 6. Learned counsel, Mr. Dutta appearing for the Board has submitted that in elective subjects one has to secure at least 9 marks to avail the concession of grace mark. The petitioner in one of the elective subjects i.e. in Physics could not secure minimum 9 marks to avail the concession of grace mark initially and therefore she was not given the benefit of grace mark. 7. It is an admitted position that in Physics she got 13 marks. That means she is coming within the purview of getting grace mark to secure the status of pass mark. The grievance of the petitioner is that after review though her marks in Physics and Chemistry were increased to 13 and 19 marks respectively, but she was not given the grace marks arbitrarily though similarly situated other candidates were given the said grace marks. 8. The respondent No. 3 in their counter affidavit in paragraph 5 has taken the stand for not giving the grace mark to the petitioner and the stand taken reads as follows: “5. 8. The respondent No. 3 in their counter affidavit in paragraph 5 has taken the stand for not giving the grace mark to the petitioner and the stand taken reads as follows: “5. The claim of the petitioner that “the respondent must grant grace mark to the petitioner” on the basis of marks obtained after review cannot be entertained as convention followed in this regard does not allow this. If after review the marks of a student so increase that it come within the domain for which prepublication grace marks have been given to others and the grace mark has to be given on the marks after review, we are also to consider what will happen if marks of a student decreases after review. Let us suppose that a student got some marks initially which was within grace allowing domain. The grace marks were given and the student passed. He/she may also apply for review. And in the review his/her marks decrease to such value which is outside grace mark giving domain. Parity requires that the grace mark be withdrawn and let the student fail. For awarding subject wise grace mark, a lowest mark is selected by the President, TBSE. In H.S. (+2 stage) Examination, 2016 the lowest mark selected was 9(nine). And the maximum grace mark that could be given in a subject was 12(twelve). The situation is as shown below:- Marks initially scored 8 9 10 11 19 20 Grace Mark available 00 12 11 10 -- 02 01 Converted Marks with grace mark ­-- 21 21 21 -- 21 21 Let us suppose a student initially scored 8(eight) in a subject and hence did not get grace marks. Now he/she asks for Review and after Review has score becomes 13. Since 13 is above 9, he claims grace marks. But the Board does not agree and the student complains. Now let us examine the reverse situation. A student initially scored, say 12. He/she was given grace marks 9. With this grace mark his score became 12+9=21 and he was declared as passed. Now this student also applied for Review and on Review his/her initial marks 12 gets reduced to 8(eight). Since his/her initial score now is 8(eight), he/she is not to get any grace marks. And as a result this student, who was declared as ‘Passed’ before Review will have to be declared as ‘Failed’ after Review. Now this student also applied for Review and on Review his/her initial marks 12 gets reduced to 8(eight). Since his/her initial score now is 8(eight), he/she is not to get any grace marks. And as a result this student, who was declared as ‘Passed’ before Review will have to be declared as ‘Failed’ after Review. This is why the Board does not give any grace marks on post-Review marks. Awarding Grace Marks is a pre-result-publication affair. Grace marks are not available in post-publication scenario. Hence the true and right position is: 1. The grace mark always applicable before publication of the result. 2. When the result is published and subsequently a candidate applied for review the actual increased mark of any subject will reflect in the mark sheet, if increases. 3. When the result is published and subsequently a candidate applied for review and his marks decrease, the decreased mark of any subject is not reflected in the mark sheet at present. But if grace mark has to be given on reviewed marks if the reviewed mark decreases, the grace marks will have to be withdrawn if reviewed marks so decrease that it falls outside grace giving domain.” 9. The stand taken by the respondents cannot be accepted in law and equity. Once the result of the petitioner is reviewed and a fresh mark sheet is issued, it is to be presumed that the mark sheet initially issued to the petitioner is of non est since that was not the correct mark sheet reflecting the actual marks secured by the petitioner. 10. Regulations 32 of Tripura Board of Secondary Education, Admission and Examination Regulations, 2008 prescribes the procedure, method and consequence of review of answer scripts which reads as follows: “32. POST-PUBLICATION REVIEW OF ANSWER SCRIPTS: (i) A candidate on receipt of mark-sheet of his/her examination shall be eligible to apply in the prescribed form for review of his/her answer script in any paper on payment of requisite fee per paper, as would be prescribed by the Board from time to time, within 10 days from the date of publication of the results of the examination. (ii) The work of review shall be confined to checking whether marks have been awarded to each question in the answer book, re-totalling of the marks and comparing the total with Examiner’s award and also reexamination i.e., fresh evaluation of the answer. (ii) The work of review shall be confined to checking whether marks have been awarded to each question in the answer book, re-totalling of the marks and comparing the total with Examiner’s award and also reexamination i.e., fresh evaluation of the answer. (iii) Neither the candidate nor any one on his/her behalf will be entitled to be present during the review or will have a right to inspect the answer paper prior to or after the review. (iv) It will be obligatory on the part of a candidate, applying for review, to accept the changes (either increase or decrease) in marks, if any after review. (v) If as a result of the review made under this regulation there has been a change in marks secured by the candidate in the subject the candidate shall be required to forward his/her mark-sheets through his school for rectification and the Board will arrange to issue a fresh mark-sheet. (vi) A candidate for an examination shall have no right to move to the courts of Law for redress of grievances of any kind prior to the declaration of the results of review of answer scripts.” 11. A candidate when applied for review of his/her result is bound by the review result and after review, the Board according to the Regulations would be issuing a fresh mark sheet and that mark sheet should be accepted as the mark sheet of the result of the examination of that particular candidate. While after review a candidate is coming within the zone of consideration for awarding grace mark, he/she cannot be discriminated with that of the other candidates who got the concession of grace marks. It is a non-issue that she got the minimum standard marks after review. 12. This stand of the Board cannot be accepted in law and equity and it seems to be violative of the rule of equity. Since the petitioner applied for review and a review mark sheet was issued and after review, she has come within the purview of getting the benefit of grace marks, in my considered opinion, she cannot be deprived from the benefit of grace marks. 13. In the case at hand, the petitioner initially did not secure 9 marks in Physics and so she was not entitled to get the grace marks because the awarding of maximum 12 grace marks would not make her pass in that subject. 13. In the case at hand, the petitioner initially did not secure 9 marks in Physics and so she was not entitled to get the grace marks because the awarding of maximum 12 grace marks would not make her pass in that subject. After review, her marks in Physics was increased to 13 and obviously, therefore, she was entitled to avail the scope of grace marks as decided by Board. 14. In view of the discussions made above, the writ petition is allowed. 15. The respondent-Tripura Board of Secondary Education is directed to award the grace marks as per their decision to the petitioner in respect of her Physics and Chemistry subjects and to issue a fresh mark sheet at the earliest not later than 15 days from today. 16. The writ petition accordingly stands disposed of. 17. A copy of this order be given on urgent basis on payment of cost to the learned counsel of the parties.