SARIT CHAKRABORTY Vs. WEST BENGAL UNIVERSITY OF TECHONOLOGY

JUDGEMENT

(1.) Rule 3.4(a) laid down in the Information Brochure JEM-2012, issued by the West Bengal Joint Entrance Examination Board, provides as follows:-

(2.) The petitioner has relied upon a judgment of the Apex Court in the case of State of U.P. & Anr. Vs. Pawan Kr. Tiwari & Ors., 2005 2 SCC 10 wherein Their Lordships dealing with the question as to how many seats should be deemed to have been left for the general category applicants out of the total 93 seats opined as follows:-

(3.) The respondents namely WBJEEB in its affidavit-in-opposition contended that "the principle of rounding off has never been applied in cases of granting marks to enable a candidate to qualify in a competitive examination where the rules clearly and unambiguously state that he/she will be disqualified if he/she does not obtain the specified marks in the qualifying examination". They have also relied upon a judgment in the case of Orissa Public Service Commission & Anr. Vs. Rupashree Chowdhary & Anr., 2011 8 SCC 108 wherein Their Lordships opined that such rounding off was not permissible regard being had to the rules. To be precise the views expressed by Their Lordship in paragraphs 9 and 10 are as follows:- "The appointment to the post of Civil Judge (JD) under the Orissa Judicial Services is guided by the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 and Rule 24 thereof specifically deals with the criteria for determining of candidates for interview. Rule 24 reads thus:-