This intra-court appeal seeks to lay a challenge to a

learned Single Judge's order dated 11.04.2023 whereby

the respondent’s W.P.No.4448/2023 has been allowed.

The operative portion of the order reads as under:-

“(2) The writ of mandamus is issued directing the

respondent-University to round off the marks obtained

by the petitioner in Paper–I at 51.25 % to 52% and

Paper-II at 45.25% to 46% in the examination of the

discipline of MD Pathology (RS-3) conducted November

2022 by them. Further, to round off the total average

marks to 199 instead of 197 out of 400 secured by the

petitioner, then in total the average marks of 49.75% to

50%.”

2.

Learned

panel

counsel

appearing

for

the

appellant vehemently argues that the ordinance dated

29.03.2019 which governs valuation of answer scripts

inter alia in P.G. courses provides for rounding off the

marks to the next nearest decimal unit, is only as a One

Time Measure; and therefore, learned Single Judge is not

justified in issuing the mandamus of the kind. In support

of his submission, he relied upon a decision of the Apex

Court

in

RAJIV

GANDHI

UNIVERSITY

OF

HEALTH

SCIENCES, BANGALORE VS. G.HEMLATHA AND OTHERS,

(2012) 8 SCC 568.

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3.