Rounding off marks cannot be equated with granting grace marks; eligibility criteria must be strictly adhered to as per regulations.

JUDGMENT :

V. KAMESWAR RAO, ACJ.

These appeals impugne the order in the writ petitions as under:

The learned Single Judge has allowed the writ petitions by stating in paragraphs No.8 to 10 as under:

“8. Having heard the learned counsel for the parties, the question that arises for consideration is:

"Whether rounding off at a percentage level would be akin to providing grace marks and whether the benefit of the order passed in Dr. Guruprasad's case and other similarly placed petitioners would be applicable to the petitioners as well?"

9. The petitioners are post graduate medical students having failed by a fraction of percentage as stated supra, are knocking at the doors of this Court inter alia contending that the said fraction ought to have been rounded off to the next whole number which would resultantly pass the petitioners. Under the PGMER-2023 Regulation, Regulation 8.4 stipulates that a student should secure a minimum of 40% in each paper with an aggregate of 50% in theory paper and to secure minimum total marks of 200 / 400 for theory and practical plus viva 200/400. It is noticed by this court that the marks obtained by the petitioners, when turned into percentage is arriving at 49.75%, 49.50% and 49.25%. The situation being such that though the petitioners have obtained 197, 198 and 199 out of 200 in theory the percentage, which is arrived is in decimal. In the case of DR.GURUPRASAD stated supra though the decision was rendered during Covid pandemic, the Ordinance dated 29.03.2019 permitted to round off to the next full figure and this court, in DR.GURUPRASAD'S case did not take into account the Covid-19 pandemic, but what was considered by this court is the arithmetical calculation. The Regulations, which was later changed in the year 2020 has now been withdrawn, it is contended by the respondent-RGUHS that rounding off would be akin to granting grace marks. The rounding off a percentage is a matter of arithmetical calculation and not equivalent to granting of grace marks. The PGMER-2023 Regulation does not explicitly prohibit rounding off decimal values in percentage calculation. The percentage to be rounded off to the next whole number is a part of standard mathematical practice. The petitioners who have obtained point percentage, the standard arithmetic rule dictates rounding off to 50%, which is a mathematical adjustment.

10. The point percentage obtained by the students i.e., 0.25%, 0.50% and 0.75% is the marks, which has been obtained and at any rate it cannot be taken away by holding that it has to be 49% and not 50%. For the foregoing reasons, the point framed for consideration is answered in favour of the petitioners and the writ petitions succeed and the petiti