JUDGMENT

VARADARAJAN, J. — This appeal by special leave is by Punjab University against the judgment of it Full Beach of the Punjab and Haryana High Court in the Letters Patent Appeal 352 of 1975# confirming the judgment of a learned single in W. P. 1017 of 1975.

#Reported in (1976) 76 Pun LR 920 (FB)

2. Subash Chander, respondent 1 in this appeal joined the Daya Nand Medical College, Ludhiana, for the M. B. B. S. course in 1965 when Regulation 25 of the Punjab University was in force. That regulation required a minimum of 50 per cent of marks to pass in each subject. However Rule, 7.1 relating to the M. B. B. S. and certain other courses provided that -

"a candidate who fails in one or more papers / subjects and / or aggregate may be given grace marks up to 1 per cent of the total aggregate marks (including marks for practical and internal assessment) to his best advantage in order to be declared to have passed the examination."

But in May 1970 an amendment was made by the University in the form of an exception to Rule 2.1 which corresponds to R. 7.1 which was in force in 1965 in the following terms :-

"2.1. A candidate who appears, in all subjects of the examination and who fails in