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1994 Supreme(SC) 203

M. N. VENKATACHALIAH, S. C. AGRAWAL
Board Of School Education, Haryana – Appellant
Versus
Arun Rathi – Respondent


Advocates:
Anil Mittal, B.S.VALIA, MANOJ SVARUP, S.C.PATEL, U.N.BACHHAVAT

Judgment

S. C. AGRAWAL, J.:- Special leave granted.

2. Heard learned counsel for the parties.

3. These appeals raise the question whether a candidate who has taken the Senior Secondary Certificate Examination of the Board of School Education, Haryana (hereinafter referred to as the Board) is entitled to the award of grace marks so as to enable him to earn compartment. The respondents in these appeals appeared in the Senior Secondary Certificate Examination of the Board held in the month of March, 1993 but were declared as failed since they did not secure the minimum pass marks in two of the subjects. They moved the High Court of Punjab and Haryana, by filling writ petitions under Art. 226 of the Constitution, and claimed that they should be awarded grace marks and be placed under compartment, so as to enable them to appear in the Supplementary examination in one paper in September, 1993. The said writ petitions have been allowed by the High Court by orders dated September 6, 1993 and September 10, 1993.

4. The Board has been constituted under the provisions of the Haryana Board of School Education Act, 1969 (hereinafter referred to as the Act). In exercise of the powers conferred by S.


























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