RAVISHANKAR SHUKLA UNIVERSITY Vs. SUMIT KUMAR SONI

JUDGEMENT

(1.) CHALLENGE inthis appeal filed by the appellants is to the order dated 3-8-2010 passed by the learned single Judge in W.P. (C) No. 626/10, allowing the writ petition.

(2.) FACTS of the case, in brief, are that the respondent herein after passing LL.M. course with 54.89% applied before the appellant No. 1 for registration for the degree of M.Phil, or Ph.D. in law along with requisite fee and documents, but the appellant No. 1 refused to register the respondent in the said degree course on the ground that the respondent is ineligible for admission as he did not possess minimum qualifying marks i.e. 55%. Feeling aggrieved, the respondent approached the learned single Judge of this Court by filing a writ petition and the learned single Judge vide impugned order allowed the writ petition and ordered that if there is no other hurdle, the respondent may be treated as having minimum qualification i.e. 55% marks, for registration in M.Phil. or Ph.D. Aggrieved therewith, the appellants have filed this writ appeal.

(3.) THE Hon'ble Apex Court in its another recent judgment delivered in Civil Appeal No. 6205/11 (parties being, Bhanu Pratap v. State of Haryana (reported in AIR 2011 SC 3272 ) has reiterated the similar view that no such rounding off or relaxation is permissible when there is no power provided in the Statute nor any such stipulation was made in the advertisement and also in the statutory rules permitting any such rounding off or giving grace marks so as to bring up a candidate to the minimum requirement.