THE CHAIRMAN, MAHATMA GANDHI POST GRADUATE INSTITUTE OF DENTAL SCIENCES AND ORS. Vs. B. PRIAKARDIYA AND ORS.

JUDGEMENT

(1.) The writ petitioner / first respondent herein has obtained 79 marks out of 200 marks in the Post Graduate Dental Entrance Examination conducted by the appellants institute herein for admission to the MDS PG course for the academic year 2015-2016. The minimum required qualifying marks for admission for Scheduled Caste and Scheduled Tribe candidates is 40%. The petitioner secured only 39.50%. On being denied admission for the reason that she did not secure minimum qualifying marks, the writ petitioner approached this court under Article 226 of the Constitution of India in the instant petition, seeking a direction to the appellants herein to admit her in MDS PG Course.

(2.) The learned Single Judge, applying the principle of rounding off relying on the decisions of the Supreme Court in State of U.P. & another Vs. Pawan Kumar Tiwari, 2005 2 SCC 10 and State of Punjab Vs. Asha Mehta, 1997 11 SCC 410, held that 39.50% marks obtained by the writ petitioner be treated as 40% and the writ petitioner be admitted in the reserved category to the said course. Being dissatisfied, the respondents therein have preferred the instant appeal.

(3.) Mr.A.Tamilvanan, learned Government Advocate (Puducherry), appearing for the appellants would contend that the principles of rounding off is not applicable in the case of admission to professional courses when there is no provision, granting liberty to the authorities to exercise discretion for grant of concession in minimum qualifying marks fixed under the statutory regulations and notifications. It is also contended that the judgments relied on by the learned Single Judge was in respect of appointment in service, not admission to professional courses.