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1996 Supreme(P&H) 602

PUNJAB & HARYANA HIGH COURT
M.S.Liberhan and J.C.Verma JJ.
Raj Deep Singh
Versus
State Of Punjab
Civil Writ Petition No. 3871 of 1996,
Decided On : APRIL 16, 1996

The mechanism of rounding off marks for the purpose of eligibility in an examination or for admission is established.

Headnote:

Rounding Off - Eligibility for Admission - The court held that for the purpose of eligibility in an examination or for admission, marks are required to be rounded off. If the mark secured in the percentage is half or more, it is rounded off and taken as one mark. If it is less than half a mark, it has to be rounded off to the lower figure. This mechanism of rounding off is not in serious dispute and is relevant for determining eligibility for admission.

Fact of the Case:

The petitioner secured 9.5 per cent marks in the entrance test, falling short of the eligibility condition of securing 100 marks out of 200 marks for admission against the reserve seat of freedom fighter.

Finding of the Court:

The court found that by rounding off the petitioner's marks, they would secure 100 marks out of 200, making them eligible for admission. The denial of admission was held to be unsustainable, and the respondents were directed to grant admission to the petitioner.

Issues: Eligibility for admission against the reserve seat of freedom fighter based on the percentage of marks secured in the entrance test.

Ratio Decidendi: The mechanism of rounding off marks for the purpose of eligibility in an examination or for admission is established. If the mark secured in the percentage is half or more, it is rounded off and taken as one mark. If it is less than half a mark, it has to be rounded off to the lower figure.

Final Decision: The writ petition was allowed, and the respondents were directed to grant admission to the petitioner in accordance with the law against the reserve seat of freedom fighter. No costs were awarded.

Judgment

M.S.Liberhan and J.C.Verma JJ.

1. Two vacancies against the freedom fighters were not filled up as none qualified the eligibility condition of securing 100 marks out of 200 marks, in the entrance test. It is not disputed that the petitioner did secure 9.5 per cent, marks in the entrance test. There is no gainsaying the fact that it has come to be well established principle of counting marks for the purpose of eligibility in the examination or for admission that if the mark secured in the percentage is half or more, it is rounded off and taken as one mark. If it is less the half mark, it has to be rounded off to the lower figure. Marks in points are only relevant where the admission is to be given on the merit inter so between the students. For the purpose of eligibility they are required to be rounded off. This mechanism of rounding off is not in serious dispute on behalf of the counsel for the State. Since by rounding off, the petitioner does secure 100 marks out of 200 marks, which makes the petitioner eligible for admission, the denial of admission cannot be sustained.

2. The writ petition is allowed. The respondents are directed to grant admission to the petitioner in accordance with law against the reserve seat of freedom fighter. No costs.

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