CONTROLLER OF EXAMINATION, UTKAL UNIVERSITY AND ANR. ETC. versus MISS PAURNAMASI DAS AND ANR. ETC.

Citation: [1995] SUPP. 3 S.C.R. 771 · Decided: 19-09-1995 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Appeal(s) allowed

Judgment (excerpt)

CONTROLLER OF EXAMINATION, UTKAL UNIVERSITY 
A 
AND ANR. ETC. 
v. 
MISS PAURNAMASI DAS AND ANR. ETC. 
SEPTEMBER 19, 1995 
B 
[M.M. P_UNCHHI AND SUJATA V. MANOHAR, JJ.] 
Education 
Utkal University Regulations/Hard Case Rule. 
c 
Regulations 12.16(b )/Para 2.2.-Criteria for awarding First Class 
Honours, Second class Honour~~Adding of 0.5% marks-Adding up of 
pre-degree examination marks and Final Degree Examination Marks-Not 
pennissible-Could only be added separately for pre-degree/final degree ex-
D 
amination. 
Under Regulation 12 of the Utkal University regulations, classes are 
awarded both in pre-degree and final degree examinations separately, and 
shown as such in the diploma. In the pre-degree examination, in order to 
obtain a second class Honours, a minimum of 30% marks are required in 
core subjects, other than honours subject, while 45% marks in the ag-
gregate are required in all the honours subjects taken together. For 
obtaining a First class Honours, a minimum of 30% is required in each 
subject but in the honours subject, 60% marks are required in the ag-
gregate, For final examinations also, the same criteria is followed subject 
to retaining honours in pre-degree examination. 
According to Regulation 16(b) the class which is awarded to a 
candidate in the final examination depends entirely on the marks obtained 
E 
F 
by the candidate in the final examination. However, for obtaining an 
honours degree, an additional condition was stipulated that the candidate G 
must have secured honours in the pre-degree e:vamination. He must have 
also secured honours in the final examination. 
In 1990, the Utkal University framed what is known as a Hard Case 
Rule for pre-degree and final degree examinations of the plus three degree 
course. It, inter alia, provided that if a candidate who appears for honours H 
771 
772 
SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R. 
A 
degree in any honours subject fails to secure honours marks, or the next 
higher class in the honours subject, by not more than 0.5% of the maximum 
marks in ~he honours subject, the required marks be added to the paper 
in which the candidate has secured the highest percentage of marks to 
enable him to retain honours or to secure the next higher class. 
B 
In these appeals the respondents were short by 4 marks is their final 
degree honours papers, for getting a Second class. Honours/First class 
Honours. Approaching the High Court, they contended that they were 
entitled to 4 marks which would be 0.5% of 800 marks, the maximum of 
400 in the pre-degree and 400 in the final degree examination. This was 
C accepted by the High Court. Hence these appeals by the University. 
Allowing the appeals, this Court 
HELD : 1.1. Paragraph 2(2) of the Hard Case Rule framed by the 
Utkal University provides that "the Hard Case Rule shall be applied in 
D each part", each part being the pre-degree examination and the final 
degree examination. The entire scheme of marks under the Regulations 
also quite clearly makes separate provision for the pre-degree examination 
and for the final degree examination. Regulation 16(b) also very clearly 
provides that the marks in the final degree examination only will be the 
E 
basis for awarding honours and class. Therefore, it is not possible to add 
the marks which can be . obtained in the pre-degree examination to the 
marks in the final degree examination for the purpose of applying the 
Hard Case Rule. [775-F] 
1.2. In the pre-degree examination also if the candidate misses 
F 
honours by 0.5% marks the candidate can have those marks added. In the 
present case, there was no occasion to apply the Hard Case Rule to the 
respondents in the pre-degree examination. The only occasion for applying 
the Hard Case Rule arose at the time of the final degree examination. 
However, under the Hard Case Rule only 2 marks could have been added 
G which were not sufficient for the respondents to obtain Second class 
Honours/First Class Honours in the final degree examination. The High 
Court was, therefore, not right in coming to the conclusion that 4 marks 
should be added in the final degree examination. (775-GH, 776-A] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8398 of 
H 1995. 
.. 
CONTROLLER OF EXAMINATION v. PAURNAMASI DAS (SUJATA V. MANOHAR, J.) 773 
From the Judgment and Order dated 22.12.93 of the Orissa High A 
Court in O.J.C. No. 5229 of 1993. 
With 
Civil Appeal No. 8399 of 1995. 
From the Judgment and Order date

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