A candidate appearing in compartment examination is entitled to grace marks up to 1% of the total marks of the subject/subjects in which he reappears, not 1% of the total aggregate marks of all subjects.

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 adding four marks by way of grace. Claim is based on regulation 26 of the Regulations of the Board of School Education, Haryana, according to which if a candidate fails in one or more subjects and the total deficiency is not more than 1 per cent of the aggregate marks, that candidate shall be awarded the requisite grace marks to pass the compartment examination to the extent of 1 per cent of the marks allotted to the subject. According to the petitioner, 1 per cent of the maximum marks allotted to the subject should be read as 1 per cent of the total aggregate marks of all the five subjects (that is five marks) and, therefore, she should be declared successful as the grace marks required by her were only four. Alternatively, if the regulation was to be interpreted otherwise, i.e., to restrict the grant of grace marks to only 1 per cent of the maximum marks allotted to the subject concerned, then the regulation was arbitrary and deserved to be struck down.

3. In the return filed by the Haryana Board of School Education, the stand taken is that the grant of grace mars to a compartment candidate has to be restricted only to the extent of 1 per cent of the maximum marks allotted to. the subject concerned, that is the subject in which the candidate had been placed in the compartment. For this, reliance was placed on a Division Bench judgement of this Court in C. W. P. No. 13981 of 1991, dated 14/02/1992, wherein this very view has been taken.

4. The Motion Bench on 12/03/1992 admitted the writ petition to a Full Bench as it was of the view that the aforesaid Division Bench judgement needed further consideration. Accordingly, we have considered the judgement once again, and have no hesitation in endorsing the view taken therein.

5. The grant of grace marks in compartment examination of 10+2 is governed by regulation 26 of the Regulations framed by the Board of School Education Haryana, under Sec. 19 of the Haryana Board of School Education Act, 1969. This regulation provides that candidate appearing in compartment examination will be eligible for 1 per cent of the maximum marks allotted to the subject as grace marks. Regulation 26 (a) relates to regular examination, whereas regulation 26(b) relates to the compartment case alone. Both these provisions are independent and mutually exclusive. Regulation 26 is reproduced below :

"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 a 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