JUDGMENT : B.S. Walia, J. Petitioner has invoked the jurisdiction of this Court for directions to the respondents to grant him four (04) concession marks (grace marks) in Physics paper in the Session Ending Exam of Class XI to enable him to secure 23 marks thereby making him eligible for promotion to Class-XII in terms of Article 106(4)(b) of the Kendriya Vidyalaya Sangathan Education Code on account of his having participated in SGFI meets in the Academic Session 2015-16. 2. Vide order dated 09.06.2016, while issuing notice in the main petition as also the miscellaneous application, the respondents were directed to consider grant of concession of 04 marks to the petitioner in Class-XI examination in terms of Article 106(4)(b) of the Education Code for Kendriya Vidyalaya Sangathan in view of the petitioner having participation in National Meets/SGFI meets, provided there were no impediments. 3. Pursuant to the aforementioned order of this Court, claim of the petitioner was considered and vide order Annexure-R-1 dated 21.06.2016, the petitioner was held entitled to award of 04 concession marks in Physics subject. However, it was found that even after award of 04 concession marks, the petitioner fell short of the minimum pass marks required for promotion to Class XII on account of non meeting of the benchmark of 33% marks to be scored in theory to be declared successful. Accordingly, the petitioner was found to be not eligible for promotion to Class-XII. 4. Writ Petition has not been amended so as to incorporate a challenge to Annexure-R-1 dated 21.06.2016. 5. I have heard Shri Sumit Nayyar, and Shri Akash Gupta, CGSC, learned counsel appearing on behalf of the petitioner and respondent respectively. After hearing learned counsel for the parties and perusal of the record relied upon, I am of the considered view that the claim as set up by the petitioner is misconceived and the petitioner is not entitled to be promoted to Class-XII in view of the reasons given hereunder. 6. Rules of Examination and Promotion in the Kendriya Vidyalaya Sangathan stand updated upto 28.12.2012. Relevant extract of the same are reproduced hereunder :- "CHAPTER XII Rules of Examination and Promotion Article 105. 6. Rules of Examination and Promotion in the Kendriya Vidyalaya Sangathan stand updated upto 28.12.2012. Relevant extract of the same are reproduced hereunder :- "CHAPTER XII Rules of Examination and Promotion Article 105. The Sangathan shall follow a system of continuous and comprehensive evaluation of a pupil's achievement as envisaged by the CBSE A xxx B C. For Class XI (1) There will be 3 cycles of unit tests (each cycle consisting of all the subjects), each subject of 1.5 hours duration, with max. marks 40. The Half Yearly Examination will be held on the lines of the CBSE Public Examination. The Session Ending Examination will be held on the lines of the CBSE Public Examination. The entire Academic session is divided into 3 terms (The 1st term from April to July, the 2nd term from August to November & the 3rd term from December to March) The schedule of Assignment and Project work term wise is as follows :- S. No. Term Max Marks for Assignment Max Marks for Project 1 First Term 30 30 2 Second Term 30 30 3 Third Term 40 40 Total 100 100 Time Table for various Examinations is given below xxx (2) The final assessment of the student for promotion will be based on his/her total achievement out of maximum of 100 marks in each subject as given under: (a) Non Practical Subject: Weight Age For Project Work 5 Marks Assignment 5 Marks Unit Test (5x3) 15 Marks Half Yearly Exam 25 Marks Session Ending Exam 50 Marks (b) Practical Subject: These have two components-Theory & Practical Theory includes Unit Test (40 x 3 =120). Half Yearly Examination & Session Ending Examination (70 marks each), Practical includes Assignment (30+30+40= 100), Project (30+30+40=100), Practical in Half Yearly Examination & Session Ending Examination (30 marks each). Weightage in Theory Unit Test 15 Half Yearly Exam 20 Session Ending Exam 35 Total 70 Weightage in Practical Assignment 5 Project 5 Practical in Half Yearly Exam 5 Practical in Session Ending Exam 15 Total 30" 7. Article 106 of the Education Code contains Promotion Rules. Weightage in Theory Unit Test 15 Half Yearly Exam 20 Session Ending Exam 35 Total 70 Weightage in Practical Assignment 5 Project 5 Practical in Half Yearly Exam 5 Practical in Session Ending Exam 15 Total 30" 7. Article 106 of the Education Code contains Promotion Rules. Relevant extract of the same is reproduced hereunder:- "Article 106 - Promotion Rules 1 xxx 2 (3) For Class XI (a) Practical Subject: For promotion to class XII, A student has to pass separately in theory & practical securing 33% in each subject in Continuous & Comprehensive Evaluation and Session Examination taken together. (b) Non Practical Subject: For promotion to class XII, A student has to pass securing 33% in each subject in Continuous & Comprehensive Evaluation and Session Examination taken together. (c) Supplementary Examination for Class XI (i) If a student secured less than 33% in one or two subject, he/she will be eligible to take the Supplementary Examination in those subjects. (ii) If a student fails in theory only, he/she will take Supplementary Examination in theory alone and needs to secure 33% marks to be eligible for promotion to the next class in Supplementary Examination. Similarly, if a student fails in Practical alone, he/she will take Supplementary Examination in practical alone & needs to secure 33% to be eligible for promotion to next class in Supplementary Examination. (d) A student who fails twice in the same class shall not continue in the school under any circumstance. (4) (a) There will be no awarding of comparative position/rank in section/class based on aggregate marks in any class. (b) Concession of 10 marks in all subjects put together may be given to children who have participated in KVS National Meets or SGFI Meets in the same academic session subject to maximum 04 marks may be given in particular subject." 8. That as per Article 106(4)(b) of the Education Code, maximum concession of 10 marks is permissible in all the subjects put together subject to the candidate having participated in KVS National Meets or SGFI Meets in the same academic session and further subject to maximum of 04 marks in a particular subject. 9. That as per Article 106(4)(b) of the Education Code, maximum concession of 10 marks is permissible in all the subjects put together subject to the candidate having participated in KVS National Meets or SGFI Meets in the same academic session and further subject to maximum of 04 marks in a particular subject. 9. Article 105(2) stipulates that final assessment of the student for promotion is to be based on his/her total achievement out of maximum of 100 marks in each subject as also to the proportionate weightage assigned to the marks achieved by the candidate out of the total marks. 10. Article 106(3)(a), on the other hand, categorically states that for promotion to Class-XII, a student has to pass separately in theory and practical examination, securing 33% marks in each subject in Continuous & Comprehensive Evaluation and Session Examination taken together. 11. That as per Annexure-J, at page No. 165 of the paper-book, the petitioner is reflected as having achieved 19 out of 70 marks in the Session Ending Examination of the Unit Test in the subject of Physics. As per Annexure-R-1 attached with the objections, four (04) marks have been added in the Physics subject on account of maximum concession permissible in one subject for the Session Ending Examination thereby raising the total marks obtained by the petitioner from 19 to 23. However, as per break-up of weightage given qua marks achieved in theory and marks obtained in practical for the Session Ending Examination in terms of Article 105(2)(b), against total 70 marks awardable for Session Ending Examination in Physics subject, weightage for promotion is 35. The said weightage is to be worked out proportionately to the marks achieved in the Session Ending Examination. Petitioner had earlier secured 19 out of 70 marks in the Physics subject in the Session Ending Examination. Weightage in respect thereto, out of 35 worked out to 9.5. However, on award of 04 concession marks in the Physics in the Session Ending Examination, the total marks achieved by the petitioner in Physics subject in Session Ending Examination worked out to 23. Accordingly, the weightage for the same out of 35 worked out to 11.5. 12. Article 106(3)(a) categorically stipulates that in order to be eligible for promotion to Class-XII, a student has to separately secure 33% marks in theory and practical in each subject in Continuous & Comprehensive Evaluation and Session Examination taken together. Accordingly, the weightage for the same out of 35 worked out to 11.5. 12. Article 106(3)(a) categorically stipulates that in order to be eligible for promotion to Class-XII, a student has to separately secure 33% marks in theory and practical in each subject in Continuous & Comprehensive Evaluation and Session Examination taken together. As per the weightage secured by the petitioner for the marks achieved in Physics subject for Session Ending Examination i.e. 23 out of 70, the weightage works out to 11.5 i.e. 32.85%, which is short of the benchmark of 33% stipulated in Article 105(3)(a) of the Education Code. 13. In the light of the position as noted above, order Annexure-R-1 is held to be as per the provisions of the Education Code applicable, therefore is immune from challenge. 14. The petition is bereft of merit. Accordingly, the same is dismissed. No order as to costs.