NAZANEEN SHEIKH Vs. DEVI AHILYA VISHWAVIDYALAYA

JUDGEMENT

(1.) The petitioner being a permanent resident of distt. Barwani (M.P.) is a citizen of India. The petitioner appeared in the M.A. Final (Political Science) Examination in the year 2012-13 conducted by Devi Ahilya Vishwavidyalaya, Indore and passed in the third division by securing 47.8%. The petitioner submitted a representation to the respondents that by rounding of the percentage from 47.8% to 48% a mark sheet and Degree with Second Division passed may kindly be issued. According to the petitioner, since he has secured 47.8% which is above 0.5%, therefore, same is to be treated as one and by giving the benefit of rounding off he is entitled to be declared as passed in Second Division with 48% marks. Petitioner has applied for the post of Middle School Teacher for which the minimum qualification is that the candidate must have passed in the Second Division in Post Graduate. Since the petitioner secured Third Division marks, therefore, he could not apply. Hence, he approached this Court by way of Writ Petition.

(2.) Respondents have filed the return by submitting that as per Clause 33 of Ordinance VI of the University, the Kulpati may award one grace marks in case the candidate is failing by one mark or missing a division by one mark. Since the petitioner is short by two marks to secure 48%, therefore, he is not entitled to the benefit of the aforesaid ordinance and apart from that ordinance, there is no provision in the Ordinance to give the facility of rounding off. In support of their contention respondents have also placed reliance over the judgment passed by the Division Bench of this Court in the case of Abhash Anand V/s. State of M.P. and others passed in W.P. No.3990/2018 decided on 09.07.2018, in which the University was not directed to round off his marks obtained by the petitioner in the Graduation to make him eligible for admission in M.B.A. Course. Hence, prayed for dismissal of the Writ Petition.

(3.) Shri Yashpal Rathore, learned counsel for the petitioner submits that since the petitioner had secured 47.8% which is nearer to 48%, hence, he is entitled to get the facility of rounding off in view of the judgment passed by the Single Bench in the case of Dharmendra Kumar Shrivastava V/s. Jiwaji University, Gwalior reported in 2002 (2) M.P.L.J. Page 619 in which the facility of rounding off was given in order to secure the admission.