A student who has been declared successful in an examination is not entitled to re-appear in the examination.

JUDGMENT :

A. Pasayat, J.

1 This case presents an unusual feature. Normally students who appear, at various examinations come before Courts seeking declaration that they should be declared to have come out successful in the examination concerned. The case at hand is one where the petitioner seeks declaration that he had failed in the Annual High School Certificate Examination, 1996 conducted by the Board of Secondary Education, Orissa (hereinafter referred to as the 'Board')

2. The factual position is almost undisputed Petitioner appeared at the examination which was conducted in the month of April, 1996. He appeared in Social Science Paper I in the second sitting held on 15-4-1996, and remained absent in; Mathematics Paper I held on 16-4-1996, Science Paper II held on 17-4-1996 and Social Science Paper II held on 18-4-1996. Priorto that he had appeared in Science Paper I and Mathematics Paper II. His case is that while appearing in the examination in the second sitting of Social Science Paper I on 15-4 -1996, he became seriously ill and had to leave the examination hall. He could not appear in the examinations held from 16th April, 1996 to 18th April, 1996, as indicated above. But taking into account the marks secured by him in the connected papers, the Hard Case Rule was applied to him by the Board, and he was declared to have come out successful in Second Division, by awarding grace marks. It is to be noted that the petitioner has secured 59 marks in Mathematics Paper II, 45 marks in Science Paper I. In respect of Social Science Paper I, he was awarded 45 marks including grace marks. Mathematics, Science and Social Science are treated as group-subjects and therefore, having secured more than 336 of total marks in each group subjects, the grace marks were awarded.

3. Petitioner's stand is that Section I Chapter X, Regulation 15 of the Board provides that a candidate can be declared to have passed in a subject or group of subjects by securing at least 30 % of marks. By appplication of the Hard Case Rule, grace marks are to be awarded with a view to confer benefit to a candidate. In the case at hand, the award of grace marks by application of Hard Case Rule does not confer any benefit on the petitioner, because by granting him permission to appear again he can secure better marks on the basis of his performance. Stigma of Second Division is likely to stare at his face throughout his career, though he is an extremely brilliant student as would be evident from the fact that he has been declared to have passed examination in Second Division notwithstanding his absence in good number of subjects.

4. Mr. S.S. Das, learned counsel appearing for the Board submitted that the prayer for permitting the petitioner to appear again in the whole examination is not authorised under any Statute. According to him, the petitioner did not remain absent in group subjects, but in part of the group subjects and therefore, by applying the Hard Case Rule which was universally applied to a large number of students who are entitled to it, the benefit was given to him, and grace marks were given. The said principle was applied to the cases of nearly three lakh students who had appeared in the examination, and the petitioner cannot make a grievance. There are several others, who were similarly situated, and there cannot be any reasonable basis for making a departure in the case of petitioner. Placing reliance on Regulation 15, Chapter X and Rule 8 (a) and (c) of the Scheme of Studies, it is submitted that the result was processed and was declared by the Examination Committee as per Regulation 14 of Chapter X. The Examination Committee in exercise of power conferred on it as per Regulation 17 of Chapter X has framed the Hard Case Rule, and that has been rightly applied. According to the Schema, there are six subjects in the H. S. C. Examination which are externally assessable, i.e.. First Language, Second Language, Third Language, Mathematics (two papers). Sci