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.19(1) of the Act the Board has made the Haryana Senior Secondary Certificate Examination Regulations, 1990 (hereinafter referred to as the Regulations). Regulation 26 of the Regulations contains the provisions for awarding of 1% of the aggregate of marks as grace marks to the candidates appearing in 10 + 2 examination to be conducted by the Board. The said Regulation reads as under:

"26. Grace marks-

(a) If a candidate fails in one or more subject(s) and the total deficiency is not more than one per cent of the aggregate of marks, he will be awarded the required grace marks (that can be distributed among any number of subjects) provided, the grace marks awarded in practicals do not exceed the marks actually obtained by the candidate in the practical examination.

(b) A candidate shall not be entitled to the benefit of grace marks to earn compartment though he shall be entitled to the grace marks to pass the compartment examination to the extent of one per cent of the maximum marks allotted to the examination.

(c) A candidate appearing in a subject (s) for improvement in his previous performance, will not be entitled to grace marks.

(d) A candidate appearing in one or more additional subjects shall also be eligible for grace marks up to 1% of the aggregate of the total marks allotted to the papers."

5. In Naresh Shosi v. Punjab School Education, Board (C.W.P. No. 9760 of 1989 decided by a Division Bench of the High Court of Punjab and Haryana on September 15, 1989) the High Court considered Regn. 16(b)(1) of the Punjab School Education Board Senior Secondary Certificate Examination Part I, Regulations, 1988 wherein provision was made for award of grace marks. In the said regulations there was no provision similar to Cl. (b) of Regulation 26 of the Regulations whereunder the benefit of grace marks cannot be given to earn compartment. The High Court has pointed out that the duty of holding the Senior Secondary Certificate Examination was being performed by the Punjab University and the said work had been transferred to the Punjab School Education Board only recently. After referring to Regulation 27(1) of the General Regulations for examinations contained in Chapter III of the Punjab University Calendar Volume II, 1984 wherein provision was made for award of grace marks and it was also provided that grace marks be also awarded to a candidate if by awarding such grace marks he could earn exemption or compartment in subject/ s and part/ s, the High Court has observed that it was difficult to believe that merely by transfer of work of holding the examination from the University to the Punjab School Education Board, the benefit of award of grace marks would be denied in the case of "compartment" candidates and its applicability would be restricted to the candidate