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1992 Supreme(P&H) 610

M.R.AGNIHOTRI, A.S.NEHRA, N.K.SODHI, A.P.CHOWDHRI, NARESH JAIN
Meenakshi Sharma – Appellant
Versus
Board Of School Education, Haryana Through The Secretary, Board Of School Education, Haryana, Bhiwani – Respondent


Judgment

M.R.AGNIHOTRI and J JJ.

1. Petitioner appeared in the Senior Secondary Certificate Examination held by the Haryana Board of School Education in March, 1990. The examination consisted of five subjects, each subject carrying maximum marks of 100, with minimum pass percentage of 33. Out of the five subjects, the petitioner could clear only four subjects and was placed in compartment in the subject of English Core. In order to clear her compartment, the petitioner could avail two chances by appearing in the supplementary examination in the month of September, 1990, and in the next annual examination held in March, 1991. The petitioner availed the first chance but could not clear the compartment. When she appeared for the second time in March, 1991, she was again placed in compartment in the subject of English Core, as she had secured only 29 marks out of 100, against the pass percentage of 33.

2. In this situation, the grievance of the petitioner is that as she had scored 29 marks in English Core subject out of 100 marks, that is only four marks less than the minimum pass percentage, she should not have been placed in compartment but should have been declared as successful by a











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