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1996 Supreme(P&H) 602

M.S.LIBERHAN, J.C.VERMA
Raj Deep Singh – Appellant
Versus
State Of Punjab – Respondent


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 a

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