IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 19^th OF JULY, 2023 WRIT PETITION No. 16212 of 2023 BETWEEN:-

HUSN BANO W/O ABDUL MAZID, AGED ABOUT 32 YEARS, OCCUPATION: HOUSEWIFE R/O MADHOGARH, DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONER (BY DR. ANUVAD SHRIVASTAVA- ADVOCATE FOR THE PETITIONER)

AND

1. THE CHAIRMAN PROFESSIONAL EXAMINATION BOARD(NEW NAME EMPLOYEES SELECTION BOARD) BHOPAL CHAYAN BHAWAN MAIN ROAD NO. 1 CHAINAR PARK EAST BHOPAL (MADHYA PRADESH)

2. THE PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI MOHAN SAUSARKAR – GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

“(i) To issue writ in the nature of mandamus commanding the respondents to round off the petitioner’s mark in the Middle School Teachers Eligibility Test, 2018 to be 75% at the place of 74.65%, in the interest of justice.

(ii) Issue any other writ, order or direction as this Hon’ble Court deems fit and proper in the interest of justice.”

2. It is submitted by the counsel for the State that this case is covered by order dated 10.07.2023 passed in W.P.No.14570/2023.

3. Heard the learned counsel for the parties.

4. This Court in the case of Smt. Bhawana Gupta v. State of M.P. and others decided on 10.07.2023 in W.P.No.14570/2023 has held as under:-

“ This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

"(i) To issue an appropriate writ/direction in regard to 1 permit the petitioner to participate in selection proceeding for appointment of Middle School Teacher.

(ii) To permit the petitioner for participate the further coming selection of Middle School Teacher through illegibility test as petitioner is entitled for that as having E.W.S. Card to her credit.

(iii) Any other reliefs is provided to the petitioner according to circumstances of the case."

2. It is submitted by the counsel for the petitioner that the minimum qualifying proportionate marks as per the eligibility test is 79 whereas the petitioner had scored 78.78 marks, therefore, after rounding off the marks obtained by the petitioner, it should be taken as the petitioner has scored 79 marks.

3. The question involved in the present case is as to whether the rounding off the marks is permissible or not.

4. The question is no more res integra.

5. The Division Bench of this Court in the case of Bhupendra Kumar Dubey Vs. State of Madhya Pradesh and others decided on 30.01.2020 in W.P.

No.1977/2020 has held as under :-

"6. The orders passed in the cases of Jitendra Shukla (supra), Ku. Bhawna Mishra (supra) and also in Dharmendra Kumar Shrivastava (supra) as well as the letter (Annexure P-3) of the Additional Secretary are of no assistance for the petitioner in view of the various pronouncements of the Supreme Court on this issue. The Apex Court in the case of Orissa Public Service Commission and another Vs. Rupashree Chowdhary and another – (2011) 8 SCC 108, has held as under :-

“11. We may also draw support in this connection from a decision of this Court in Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi- (1990) 3 SCC 655. In the said judgment this Court has laid down that : (SCC p. 658, para 6)

“6. … when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, [then] it is not a matter only between the appointing authority and the appointee concerned. The 2 aggrieved are all those who had similar or even better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the advertisement.”

7. This aspect of the matter has also been considered by the Supreme Court in the case of Registrar, Raj