6. wp 6028-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6028 OF 2011 Sagar Nagnath Surwase .. Petitioner Vs The State of Maharashtra & Ors .. Respondents Mr. Machhindra A. Patil for the Petitioner Mr. S.N. Patil, AGP for Respondent Nos. 1 to 3 - State CORAM : MOHIT S. SHAH, C.J. & GIRISH GODBOLE, J. DATE : 1 AUGUST, 2011. P.C.: 1. Rule. Rule made returnable forthwith and the petition is taken up for hearing. Mr. Patil, learned AGP waives service for respondent nos. 1 to 3. 2. Respondent No. 5 is a College to which the Petitioner is seeking admission and Respondent No. 4 is the Management of the said College. Since the controversy in this petition revolves around the interpretation of admission rules prescribed by the Respondents - Government Authorities, it is not necessary to issue notice to respondent nos. 4 and 5. 1 6. wp 6028-11.doc 3. The petitioner passed H.S.C. Examination in February 2009 with 298 out of 600 marks. Certificate issued by H.S.C. Board indicates that the petitioner obtained 49. 67% marks. When the petitioner applied for admission to D.Ed. Course, the petitioner was treated as ineligible on the ground that the petitioner did not have obtained qualifying 50% marks at the qualifying examination. 4. The question of rounding off percentage for the purpose of determining eligibility for admission to the education courses has been considered in Writ Petition No. 4350 of 2010 in which the order was passed by Nagpur Bench of this Court on 6th September 2010 and also in Writ Petition No. 2544 of 2011, this Court has taken a view that when the percentage obtained by the petitioner is 0.5% or more, the fraction has to be rounded off to 1. For the reasons recorded in the said order, this Petition is allowed. 5. The respondents are directed to treat the petitioner as having obtained 50% marks in H.S.C. Examination and on that basis to consider the case of the petitioner for admission to D.Ed. Course. 6. It is clarified that in case, if there are students who have obtained 299 or 300 marks at H.S.C. Examination and that the petitioner as well as 2 6. wp 6028-11.doc such students are to be treated as having obtained 50% marks; the students with 299 and 300 marks will be treated as more meritorious than the petitioner. 7. Parties to act on a copy of this order duly authenticated by the Registrar of this Court. [ CHIEF JUSTICE ] [ GIRISH GODBOLE, J ] 3 6. wp 6028-11.doc 4