and 29 marks out of 100 in Mathematics. The percentage of marks required to pass in each subject was 33%. If petitioner no.1 had been awarded 4 grace marks in Mathematics, then he would have been declared pass in Mathematics and could have got compartment in English paper. Similarly, remaining petitioners also did not secure the minimum pass marks in two of the subjects. If they had been awarded few grace marks in one subject each, then they each could have earned compartment. As per amended Regulation 26(b), a candidate was entitled to the benefit of grace marks to earn compartment to the extent of 1% of the maximum marks of the examination. Therefore, the petitioners were entitled to the award of grace marks as required by them in order to enable them to be placed in compartment and thereby to obtain admission in the next higher class with the requirement of clearing the compartment in the stipulated number of chances. In view of resolution of the Board vide para No.33 of its meeting held on 26.9.1990 and para No.25 of its meeting held on 21.12.1990 and the consequent amendment of Regulation 26(b), grace marks had to be awarded w.e.f. November, 1990 onwards. The petitioners were also entitled to the award of grace marks to enable them to be placed in compartment in accordance with amended Regulation 26(b) in force at the time of grant of admission/issuance of roll numbers to the petitioners. However, petitioners were not given grace marks so that they could be placed in compartment in one subject but were instead declared as fail. On inquiry about the reason for non-awarding of grace marks to the petitioners for placing them on compartment, they learnt that the Board
