Madhya Pradesh High Court
Chandrakala vs Higher Education Department on 26 April, 2016
1
WP No.7656/2015
26/04/2016
Ms. B. Sugandhi learned counsel for petitioner.
Shri V.P. Khare learned counsel for respondent No.2.
Shri A. Dagaonkar learned counsel for respondent No.3. Shri A. Godha learned counsel for respondent No.4. Heard.
This writ petition has been filed by the petitioner seeking a direction to the respondents to permit the petitioner to participate in the selection process by rounding up of his aggregate marks of 49.5% to 50%. The petitioner's case is that in the Post Graduate Course of M.A. Hindi Literature he had obtained 49.5%. The respondents have issued the advertisement for National Eligibility Test wherein the minimum eligibility marks for reserved category is 50% but since the petitioner has only 49.5%, therefore, he is unable to participate in the selection process. In this back ground, the prayer for rounding off has been made.
Having heard the learned counsel for parties and on the perusal of the record, it is noticed that the notification for UGC/NET December 2015 contains the eligibility conditions. The para 3 (i) of the said notification containing the eligibility condition provides as under:-
3 (i) Candidates who have secured at least 55% marks (without rounding off) in Master's Degree OR equivalent examination from universities/institutions recognized by UGC (list attached page No. 22 to 48) in Humanities (including languages) and social Science, 2 Computer Science & Applications, Electronic Science etc. (list of subjects of post graduation attached at page No. 19 to 20) are eligible for this Test. The other Backward Classes (OBC) belonging to non-creamy layer/Scheduled Caste (SC)/Scheduled Tribe (ST)/ persons with disability (PWD) category candidates who have secured at least 50% marks (without rounding off) in Master's degree or equivalent examination are eligible for this Test.
As per the aforesaid condition, the rounding up of marks is not permissible.
The Supreme Court in the matter of Orissa Public Service Commission and another Vs. Rupashree Chowdhary and another reported in (2011) 8 SCC 108 while considering the similar issue has held that rounding off of aggregate marks to make a candidate eligible for appearing in the interview dehors the rules is impermissible. It has further been held that no dilution or amendment to such Rules is permissible or possible by adding words to Rules for giving benefit of rounding off or relaxation and that when words of provision are clear, plain or unambiguous and reasonably susceptible to only one meaning, the courts should bound to give effect to that meaning irrespective of consequences for the provision speaks in respect of consequences.
The Division Bench also in the matter of Anshuman Agrawal Vs. Central Boar of Secondary Education and others reported in 2009(IV) MPJR 96 has held that marks can be rounded off to consider eligibility for admission depending 3 upon the norms of admission.
The issue involved in the present case is squarely covered against the petitioners in view of the law laid down by the Supreme court as well as the Division Bench of this court in the aforesaid judgments. The norms which has been prescribed by the UGC relating to condition of eligibility specifically prohibits rounding off the minimum eligibility marks.
Counsel for petitioner has placed reliance upon judgment of the Supreme court in the matter of State of Punjab and another Vs. Asha Mehta reported in (1997) 11 SCC 410 but he has failed to point out that in the said judgment whether the norms under consideration permit the rounding off or not.
In view of the above position in law, no case is made out to grant any relief to the petitioner by issuing a direction to the respondents in respect of participation in the NET Examination on the basis of rounding off marks. The writ petition is accordingly dismissed.
C.C. as per rules.
(PRAKASH SHRIVASTAVA) Judge BDJ