IMPORTANT POINT
In case of minimum marks for admission, the criteria cannot be diluted by rounding-off the marks obtained in qualifying examination to higher percentage.

JUDGMENT

(Smt.) Ranjana Prakash Desai, J.-Leave granted.

2. This appeal, by special leave, is directed against the judgment dated 28.10.2010 of the Division Bench of the Karnataka High Court. By the impugned judgment, the Division Bench declined to entertain the appeal filed by the appellant challenging the judgment of learned Single Judge of the High Court permitting rounding-off of the percentage of marks obtained by respondent 1 so as to make her eligible to get admission to post- graduate course [“PG course”, for convenience] in M.Sc (Nursing).

3. On 11.03.2011 this Court issued notice only to settle the question of law raised in the appeal because respondent 1 has completed the course. This court refused to stay the impugned order and directed that respondent 1’s admission be regularized and her results be declared.

4. The question of law involved in this case is whether by applying the principle of rounding-off the eligibility criteria prescribed for the qualifying examination for admission to the PG course in M.Sc (Nursing) can be relaxed.

5. For deciding the question of law, it is necessary to know the facts of the case. Respondent 1 completed Bachelor of Science degree in Nursing with 54.71% aggregate marks from N.T.R. University of Health Sciences in the year 1997. Thereafter, she registered herself as a Public Health Nurse and Midwife. She also registered herself as a nurse under the provisions of the Andhra Pradesh Nurses and Midwives (Extension of Amendment) Act, 1964. She was appointed as a working staff nurse at the Primary Health Centre, Nagasamudram (Andhra Pradesh) on 08.07.1999. She served for eight years and three months in the said institution. She made a representation to the Regional Director of Medical Health Services seeking permission to pursue the PG course in M.Sc (Nursing). The eligibility criteria prescribed by the Indian Nursing Council for securing admission to the said PG course was 55% aggregate marks. The petitioner, however, secured 54.71% aggregate marks. She approached the Secretary, Indian Nursing Council, the third respondent herein, requesting that a certificate of eligibility be issued to her. The third respondent communicated to her that 0.50% would normally be rounded-off to next digit. She Hemlatha was asked to approach the concerned authority of the institute in that regard. Accordingly, she approached the petitioner. The petitioner gave her the eligibility certificate. She, then, approached the Principal, Navodaya College of Nursing, Raichur, Karnataka, the second respondent herein. With the said certificate she obtained admission in the management quota.

6. When she was preparing to take the annual examination, she was informed by the second respondent that she was not eligible to take examination as she has secured less than 55% in the qualifying examination. She approached the petitioner for reconsideration of her case. She was informed that on reconsideration it was found that she was not eligible to take examination. She, therefore, preferred writ petition in the High Court challenging the said communication. She obtained an interim order permitting her to take first year examination. She took the examination but, results were withheld. She was also permitted to take the second year examination by an interim order. Thus, she has completed the PG course by taking both the examinations. As stated by us earlier, while issuing notice, this court directed that her results be declared and her admission be regularized.

7. By order dated 01.09.2010 learned Single Judge of the High Court, by applying the rule of rounding-off of numbers, held that 54.71% marks obtained by respondent 1 should be rounded-off to 55%. Thus, respondent 1 became eligible by virtue of the High Court’s order. Learned Single Judge set aside the endorsement issued by the petitioner stating that respondent 1 was not eligible for admission to the PG course in M.Sc. (Nursing). The said order was carried in appea