HIGH COURT OF CHHATTISGARH AT BILASPUR D.B. \^ PETITiONER HON'BLE SHRi DHIRENDRA IVIISHRA. & HON'BLE SHRI R,L_JHANWAR. JJ WRIT PETITSON (C\ N0. 7125/2008 Kumari Priyanka Tiwari, D/o Shri B.L. Tiwari, aged about 19 years, Occupation Student of B. Pharmacy - 1st year, R/o CSEB, Co!ony, Qr. Super -E, 592, Korba East, District Korba (CG) m RESPONDENTS 1. 2. 3. Versus Chhattisgarh Swami Vivekanand Technical University, Through : Registrar, Bhilai District Durg Choukshey Engineering Coltege, Through : Principal, School of Pharmacy, Lalkhadan, Masturi Road, Bilaspur (CG) Director, Technica! Education Raipur. District Raipur (CG) Present Mr. Rajesh Kumar Sharma, counsel for the petitioner. Mr. Y.S. Thakur, counsei for respondent No.l/University. Mr. Pankaj Shrivastava, counsel for respondent No.2. ORAL ORDER (Passed on 15tn January, 2010) PerDhsrendra Mishra. J The petitioner's case, in bnef, is that she appeared in P.A.T/P.P.H.T., 2008 examination conducted by Chhattisgarh Professiona} Examination Board and her rank was 01994. She was cailed for counseling by respondent No.2-coilege as some vacant seats were available in the coiiege and thereafter, she was admitted in the 1st year B. Pharmacy course in respondent No.2-co!iege. After admission, respondent No.2 sent the admission form to respondent No. 1 for the purposes of 'anrolment as the examinations were scheduled on 20 December, 2008. However, enroiment was refused by respondent No.l-University on the ground that the petitioner obtalned less than 50% marks in Ciass 12 examination. It is further case of the petitioner that she procured 49.66% marks in Physics, Chemistry and Biology group (149 out of 300), whereas Ciause 2.4.1 of Prospectus issued for Pharmacy Test/PAT \^ Test, 2001 prescribes that for admission in B. Pharmacy degree course, the candidate must have obtained 50% marks in 10+2 examination with a minimum aggregate of 50% marks in Physics, Chemistry and Bioiogy group. 02. Shri Rajesh Kumar Sharma. learned counsel for the petitioner, relying upon the judgments in the matters of State of Orisss snd another Vs. Damodar Mayak and anothe^ and Dharmendra Kumar Shnvastava Vs. Jiwaji University, Gwaliori, argued that 49.66% marks obtained by the petitioner couid be rounded up to 50%. 03. Respondent No.2-eol!ege has not opposed the petition whereas respondent No.1, without disputing the facts pleaded in the petition, submitted that since the petitioner obtained only 49.66% aggregate marks in the above subjects, she was notentitled for admission in B. Pharmacy course in view of Ctause 2.4.1 of the Prospectus issued by Directorate of Technicai Education, Chhattisgarh, which prescribes minimum 50% aggregate marks in thesesubjects. 04. Heard learned counsel for the petitioner. 05. In Damodar Nayak\ the question before the Hon'ble Supreme Court was " whether the respondent would be entitled to payment of salary under the Grants-in-Aid Scheme from the date of initiaj appointment tili he improved his qualification or from the date of his acquiring the quaiification? As per resolution issued by the State Government, the qualifjcation for recruitment of lecturers of affiliated colleges was that "candidate not holding an M.PhiI. degree should possess a high second class Master's degree i.e. 54% marks and a seoond class Honours/Pass in the B.A./B.Com./B.Sc. examination." Consjdering that respondent No.1 secured 53.9% marks, which is aimost equivalent to 54% marks. it was held that he will be eiigibte to the benefit of the grants-in-aid w.e.f. 1.8.1987 and onwards. 06. Following the ratio of law laid down in the aforesaid judgment, learned Single Judge of the M.P. High Court in Dharmendra Kumar ShrivastavQ2 heid that the petitioner's aggregate marks of 49.77% in 10+2 examination can be treated to be 50% and accordingly, the ' (1997) 4SCC 560 2 2002(2) M.P.H.T. 303 07. k. \^^ respondents-university were directed to give admission to the petitioner in Bachelor of Pharmacy course. Keeping in view that the petitioner also secured 49.66% In 10+2 examination and she was admitted against the vacant seats in respondent No.2-college and pursued her studies, we also deem it appropriate to direct the respondent No.l-University to give admission to the petitioner by rounding up 49.66% marks obtained by her in 10+2 examination to50%, subject to fulfillment of other necessaryformalities. Noorderastocosts. Sd/- Dhirendra Mishra Judge Sd/- R.L. JUanwar Judge