KHEMCHAND CHIDHAR Vs. STATE OF M.P

JUDGEMENT

(1.) PETITIONERS are aggrieved by the order dated 15.2.2013, whereby the candidates were deprived from appearing in the counselling for appointment on the post of Samvida Shala Shikshak for not getting 50% marks in the Higher Secondary Examination.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) IN the opinion of this Court, the point involved in this case is no more res -integra. This Court on 3.10.2013 in WP No.4340/2013 (Indrajeet Singh Vs.State of M.P. and others) decided a batch of petitions containing similar issues. In the said judgment, this Court has considered the question of rounding off and also the validity of circular dated 15.2.2013. On the basis of an Indore Bench judgment in the case of Badrilal Vs. State of M.P. and others (Writ Petition No.10072/2012), this Court opined that circular dated 15.2.2013 does not suffer from any legal infirmity or illegality. The benefit of rounding off was also rejected by Indore Bench on the basis of judgment of Supreme Court (Registrar, Rajiv Gandhi University of Health Sciences, Bangalore Vs. Hemlatha and others, 2012 8 SCC 568). The Indore Bench judgment in Badrilal is affirmed by the Division Bench of this Court at Indore in W.A.No.728/2013 (Smt. Reena Kumar vs. State of M.P. and others).