ANSHUMAN AGRAWAL Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) IN this intra-court appeal preferred under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the sustainability of the order dated 23-7-2009 passed by the learned Single Judge in W.P. No. 6925/2009 is called in question.

(2.) THE present appellant invoked the extraordinary jurisdiction under Article 226 of the Constitution of India for issue of a writ of mandamus to the respondent No. 3/School to admit him in Class Xith in the Maths and Science stream. It was put forth before the learned Single Judge that the appellant has obtained 69.8 % marks and, therefore, he prayed that principle of rounding off would be made applicable and the same should be treated as 70% and on that basis he should be given admission in the school.

(3.) QUESTIONING the correctness of the order it is submitted by Ms. Gurleen Kaur Chhabra, learned counsel for the appellant, that the learned single Judge has given inappropriate reasons for not applying the principle of rounding off as the same is not dependent on the facts and circumstances of the case. It is urged by her that when the writ petitioner had secured 69.8% of marks the same has to be rounded off and thereafter her case be considered on merits. Learned counsel further submitted that the school has admitted 99 students and, therefore, the school be directed to adjust the writ petitioner so that his career is not marred.