IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 5979 of 1991 Date of Decision: 1.9.2009. Maninder Pal Singh Kalra --Petitioner Versus Punjab School Education Board --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- None for the petitioner. *** PERMOD KOHLI.J (ORAL) The petitioner appeared in March, 1990 for senior secondary certificate examination part II and failed in the subject of Punjabi and was placed in compartment (re-appear). He re-appeared in the said supplementary examination in September, 1990 and secured 21 marks, short of four marks for passing the examination. The petitioner accordingly filed this petition seeking a direction that he should be given four grace marks in Punjabi and be declared as successful. The petitioner has relied upon Rule 16(b) of the Punjab School Education Board Senior Secondary Certificate Examination Part-II, 1988. From the perusal of the aforesaid rule, it appears that if, there is a deficiency in one subject only 1% of the total aggregate marks can be given and similar principle will apply in a paper, where the candidate has re- appeared as a compartment case under Rule 16(b)(ii). It is, thus, clear that the petitioner was not entitled to four marks as claimed. The petitioner has also placed reliance upon judgements of this Court passed in CWP No. 9780 of 1989 Narain Shori Vs. Punjab School Education Board. The aforesaid judgement has been set aside by the Hon'ble Apex Court in Civil CWP. No. 5979 of 1991 -2- Appeal No. 1111 of 1991 relying upon an earlier judgement reported as 1984 (3) SCR, 31. No one has come forward to inform the Court whether the petitioner has thereafter passed the examination or not. However, the petition is pending since 1991 and is rendered infructuous with the passage of time. Dismissed as such. (PERMOD KOHLI) JUDGE 1.9.2009 lucky