IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. JUDGMENT Rahul Kumar Mishra Vs. University of Rajasthan & Others (S. B. Civil Writ Petition No.4444/2005) S.B. Civil Writ Petition under Article 226 of the Constitution of India. Date of Judgment: January 19, 2009 PRESENT Hon'ble Mr. Justice R. S. Chauhan Mr. Zakir Hussain, for the petitioner. Mrs. Archana Gowami. for respondents. BY THE COURT: The petitioner has challenged the order dated 30-5-2005, whereby he was denied the permission to appear in the examination for L.L.B. Ist year on the ground that he had not secured 45% marks in his B.A. Examination. 2. The brief facts of the case are that in the year 2004 the petitioner had completed his B.A. course, wherein he had secured 44.61% marks. Subsequently, he took admission in Three Years L.L.B. course with Shaheed Bhagat Singh Vidhi Mahavidhyalaya, Kotputli. While he was pursuing his studies, he was shocked to receive the letter dated 30-5-2005 denying the permission to appear in L.L.B. Ist year examination on the ground mentioned above. Therefore, the petitioner has filed the instant writ petition. 3. Vide order dated 6-6-2005, this Court permitted the petitioner to appear in the examination commencing from 3-6-2005. But, this Court directed that his result should not be declared till further orders of this Court. Hence, the petitioner's limited prayer is that his result be declared. 4. Learned counsel for the petitioner has relied on the judgments of Dinesh Singh Vs. University of Rajasthan [2005 W.L.C. (Raj.) UC 13] and Rajul Arora Vs. Jai Narain Vyas University & Anr. [2006(2) R.D.D. 765 (Raj.)] to argue that the University should have rounded of the marks of petitioner to 45% as the petitioner had secured 44.61%. 5. This Court had asked from the learned counsel for respondent whether there is any bar in University Ordinance prohibiting the rounding of marks. It seems that there is no such bar in the University Ordinance. 6. The issue whether the University could round of the marks arose in the case of Budha Ram Vs. Jai Narain Vyas University and another (S.B.Civil Writ Petition No.5818/2005, decided at Principal Seat of this Court at Jodhpur on 20-10-2005). In the aforesaid case Mr. Arora had secured 44.61% marks. The learned Single Judge had directed that marks be rounded of to 45%. Although the University had made an unsuccessful attempt to challenge the order of learned Single Judge, but the learned Division Bench of this Court had dismissed the Special Appeal preferred by the University. Therefore, this Court has no hesitation in directing the respondent University to round of the marks of the present petitioner from 44.61% to 45%. 7. Therefore, the respondent University is directed to round of the marks of the petitioner from 44.61% to 45%. The University is further directed to declare the result of the petitioner of L.L.B. Ist year within two weeks, from the date of receipt of certified copy of this order. 8. In the result, the writ petition is, hereby, allowed. There shall be no order as to costs. ( R.S. CHAUHAN ) J. arn