Grace Marks Cannot Be Demanded As A Matter Of Right

Published on 15 Mar 2020 by Shivi

Punjab and Haryana High Court in a recent order has clarified that grace marks cannot be demanded as a matter of right. High Court stated that students should put in their best efforts during examinations, and should not place reliance on grace marks.

A petition was filed by a class IX student against the Central Board of Secondary Education and other respondents. The petitioner had appeared in class IX examination during academic session 2018-2019. He failed in a subject by securing 28 out of 100 marks, and secured 21 out of 100 marks in the supplementary exams, after which he made a representation for being granted grace marks. After grace marks were refused, he took recourse to legal remedy and sent a legal notice.

However, when no action was taken pursuant to the legal notice, the petitioner decided to move the High Court with a writ petition. After another legal notice was sent to respondents, they responded by rejecting the demand of grace marks on the ground in accordance with amended article 106 of the Education Code, in total a maximum of 10 grace marks could be awarded out of which only a maximum of four marks could be awarded in one subject.

The counsel for petitioner student who was seeking grant of five grace marks contended that the amended Rule 106 was only applicable to students of class XI and above. The petitioner appeared for class IX examination and hence the rule would not apply to him.

In response to another legal notice sent subsequently, the demand was rejected on the ground that a maximum of 10 grace marks could be awarded, out of which a maximum of four could be awarded in a subject in accordance with amended Article 106 of the Education Code.

Seeking grant of five grace marks, the counsel for the petitioner submitted that the amended Rule 106 was applicable only to Class XI and above. The petitioner took the Class IX examination and unamended Rule 106 was applicable to him.

Justice Sudhir Mittal responded to the contention of inapplicability of the rule by stating that the argument is totally illogical, once a rule has been amended the old provision ceases to exist and gets replaced by the amended provision. The amended rule does not provide for the grant of grace marks to class IX students, only students of class XI & above are entitled. The increasing tendency amongst students to seek grace marks as a matter of right is deprecated. The Court, therefore, ruled that there was no provision for grant of grace marks to Class IX students under the amended rules.

Source

Tags: General Legal  Constitutional Matter 

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