Rajesh and Another vs State of Kerala and Others

Heard both sides.

This original petition is filed for the issuance of a writ of mandamus decl ing that the petitioners are entitled to get a grace marks to the extent of 1% of total aggregate of 3600 marks and also to declare that by giving grace marks the first petitioner is to be declared ''passed'' in the subjects, viz. E60IT Signal Processing and E603T Medical Electronics and the 2nd petitioner is to be declared ''passed'' in the subjects C60IT Computure Architecture and C603T Computer Networks by giving grace marks. It is by now well settled that mandamus cannot be issued directing grant of grace marks. As is well known, mandamus is a discretionary relief granted to enforce a specific legal right. In the absence of rules or regulations in the matter of grace marks no legal right exists in the examinee for the award of those marks. To hold otherwise would be to confer a premium on arbitrariness both with regard to the cases where they are to be given as also the extent thereof, a course which is clearly unwarranted under cover of any legal or equitable consideration. In the aforesaid view, the original petition fails and the same is accordingly dismissed.