The central legal point established in the judgment is that the entitlement to concession marks for promotion to Class-XII is subject to meeting the minimum pass marks required for promotion, as stipulated in the relevant provisions of the Education Code.

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. 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