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TMI Blog1986 (9) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... nts: Harish N. Salve, Rajiv K. Garg, N.D. Garg and N. Safaya, Advs. JUDGMENT M.P. Thakkar, J. 1. 'Fails' in one subject, but 'passes' the examination It is not a tongue-in-the-check remark, for, passing an examination does not mean passing or securing the minimum passing marks in each subject or item of examination provided the candidate secures the minimum passing marks in aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Reports (ii) (a) The minimum pass marks in the examination shall be 50% for general candidates and 45% for Scheduled Castes and Scheduled Tribe candidates. This rule was interpreted by the concerned Department as requiring the candidates to secure 50% minimum pass marks for the general candidates and 45% minimum pass marks for Scheduled Castes and Scheduled Tribes in "each" of the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne who secures zero, say in surgery, but secures high marks in the other papers, so that the minimum aggregate standard is attained, be declared to have passed the examination? Such an interpretation would result in havoc and have catastrophic consequences. Examining the examination rule in the present context, the nihilist result is equally conspicuous. Say, a candidate secures zero in the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ach' subject, the prescribed minimum passing standard must be the yardstick to apply to each of the subjects or items. Minimum must mean minimum in each, as much as, minimum in aggregate. The Tribunal should not have therefore upset the decision of the concerned Department and imposed on the department the mistaken interpretation propounded by it. In the result, the decision of the Tribunal mu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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