' The petitioner appeared in B.Ed. First Annual Examination, 2001. She secured 13 marks out of 50 in her paper for Educational Evaluation. However, the petitioner was declared pass as a whole, despite the fact that the petitioner could not secure 33% marks in the above said paper. The petitioner applied to the respondents that the grace marks extended to her may be withdrawn and she may be declared as fail in the said subject but this application was declined vide order, dated 6-3-2002, which is being impugned through the instant writ petition.
2. Learned counsel for the petitioner contends that the petitioner obtained less than 33 per cent.
Marks in her Educational Evaluation paper, therefore, she could not have been declared as pass and she had a right to re-appear in the next ensuing examination for the said paper.
3. On the other hand, learned counsel for the respondents contends that under Regulation 7 of the B.Ed. Examination, Bahauddin Zakariya University, Multan any candidate who secures three or less than 3 marks from the required passing marks, he shall be deemed to have been passed the examination. For ready reference the said regulation is reproduced as follows:-- "The minimum number of pass marks in individual paper of B.Ed. Examination shall be 33 per cent.
With the requirement of 40 per cent marks in the aggregate: ' Provided that a candidate who fails in one paper by three marks or less shall be deemed to have passed the examination if he/she takes the examination in all the subjects at one time. For this purpose Research and Evaluation Paper IV and Islamic Studies/Ethics and Pakistan Studies in Paper VI will be considered separate papers. The minimum number of marks required to pass the practice in teaching shall be 40%."
4. Therefore, in view of the deeming clause, since according to him the pass marks are 33 per cent.
Which comes to 16 out of 50 and petitioner having secured 13 marks i.e. 3 marks less than the required pass marks, shall be deemed to have passed. On my question that since the division of 50 by three would come to a fractional number, what would be the effect of the fraction, it is contended that the fractional number will be counted towards the whole number of the upper level if the fractional number is less than 50 per cent. Then it will be counted in low level.
5. I have considered the arguments of the learned counsel for the parties.
6. The exact 33 per cent. Of 50 marks comes to 16.66 meaning thereby that even if the interpretation of respondents is accepted the pass marks will be 17 as the fraction of .66 is towards the higher side of 50 per cent of the fraction. The petitioner having secured 13 marks is still 4 marks short of passing marks. According to the Regulation .7, a candidate can only be deemed to have passed if he has secured 3 or less than 3 marks from the required pass marks. Required pass marks being 17 and the petitioner having secured 13 marks, was thus admittedly 4 marks short of the required pass marks, as such, the pelitioner could not have been declared pass in view of the deeming provision of Regulation. p
8. For what has been stated above, this petition is allowed. The petitioner shall be deemed to have been failed. No order as to costs.