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1. In the instant batch of writ petitions, all writ petitioners are stated to be candidates from class of reserved categories i.e. [2023:RJ-JP:15065 ] (15 of 40) [CW-15541/2022] SC/ST, OBC, MBC and EWS and have appeared to pass the Rajasthan Eligibility Examination for Teachers (REET)- 2022 conducted by the Board of Secondary Education, Rajasthan, Ajmer (hereinafter referred to as "the Board") being a nodal agency for and on behalf of Government of Rajasthan. An advertisement No.01/2022 dated 12.04.2022 was published by the Board and as per terms of advertisement, candidates from General/Unreserved category are required to secure minimum 60% marks whereas candidates belonging to reserved category of SC/ST, OBC, MBC and EWS were required to secure 55% minimum marks (i.e. with relaxation of 5% marks) in order to pass/qualify the REET-2022 which is an eligibility test only, petitioners have allegedly secure 82 marks out of 150 marks in REET- 2022, 82 marks would amount to 54.67% whereas petitioners were required to secure minimum 55% which is equal to 82.5 marks out of 150 marks, hence, petitioners have not been declared pass/qualify the REET-

7. Per contra, learned counsel appearing on behalf of respondent-Board of Secondary Education, Ajmer sought to [2023:RJ-JP:15065 ] (21 of 40) [CW-15541/2022] support the stand of Board for non issuance of REET- 2022 pass certificate in favour of candidates who scored only 82 marks instead of minimum required 82.5 marks out of 150 marks and argued that the Government of Rajasthan has extended relaxation of 5% marks only to candidates of reserved class categories, to score minimum qualifying marks in REET- 2022, hence, the Board is not at fault in not issuing the REET pass certificate to candidates whosoever have not scored minimum 55% marks i.e. 82.5 marks out of 150 marks. He admits that the REET is only an eligibility test and not a competitive test, however, the theory of rounding off to treat 82 marks (54.67%), an equal to that of 82.5 marks (55%) cannot be applied by the Board by its own, that too in violation to guidelines issued by the NCTE. Counsel submits that it is within the jurisdiction of the Government of Rajasthan, to relax in the criteria of minimum qualifying marks of 55%, to candidates of reserved category. He pointed out that advertisement No.01/2022 dated 12.04.2022 issued by the Board for conducting examination of REET- 2022 itself contains the reference of order dated 16.12.2020, issued by the Government of Rajasthan, Primary Education Department which speaks words to support his contention. Counsel has referred the judgment of Hon'ble Supreme Court, delivered in case of Bhanu Pratap Vs. State of Haryana [(2011) 15 SCC 304] to contend that by applying the theory of rounding off no additional relaxation to secure minimum qualifying marks can be extended by Courts, unless rules permit.

10. The said report of the Committee has been accepted and approved by NCTE; therefore the Govt. of UP may take appropriate action accordingly."

19. A perusal of above referred letter of NCTE reveals the stand of CBSE as well the rationale to adopt the principle of rounding off marks in such peculiar situation for welfare of reserve category candidates. It was observed by the CBSE Board that as per NCTE guidelines out of 150 questions, 55% exactly becomes 82.5 marks which cannot be scored by candidates, therefore, looking into wider interest of candidates and to ensure reasonableness and justness, 82.5 marks were rounded to 82 marks i.e. 54.67% treated as equivalent to 55% of rounding of marks as benefit of anomaly of impossibility of securing exactly 55% (82.5 marks out of 150 marks) in the examination was given to candidates belong to reserve categories. The rule of rounding off is the method of equality, common sense and reasonableness which can be applied to make up the minimum credit. By applying the theory of rounding off the rule underlying is that if a part is one half or more, its value would be increased to one and if a part is less than half its value would be ignored. On facts of issue involved herein, 82 marks out of 150 marks would amount to 54.67% and therefore, on applying the method of rounding off, it comes equal [2023:RJ-JP:15065 ] (33 of 40) [CW-15541/2022] to 55%, hence, in such peculiar situation and considering the situation of anomaly of impossibilities to score 82.5 marks by the candidate of reserve categories, out of 150 marks, as there is no scope for fragmentation of 1 mark into 0.5 mark, hence, CBSE Board adopted and followed the principle of rounding off to treat the 54.67% (82 marks), equivalent to 55% (82.5 marks). It was done in the larger interest and benefit of reserved category candidates and similar analogy was suggest to be followed by the NCTE as transpires from perusal of its letter dated 10.04.2014 extracted hereinabove.