,\^-£?1/0."'.. ^^-v-^^n "; ^0.^°''' _- St^-^''"- ^^^-'^v^0 (_ ^ l/3^^ IN THE HON'BLE HIGH COURT OF C.G. AT BILASPUR W.P.tQNo. ftsg^ of 2010 •g^S^i PETITIONER Avinash Rao Gayakwad, S/o Shri Vishwanath Rao Gayakwad, aged about 23 years R/o in front of Janta 38, Sector-2, Shankar Nagar, Raipur, District-Raipur (C.G.) VERSUS RESPONDENTS :1. State of Chhattisgarh : Through Secretary, Department of Technical Education, Dau Kalyan Singh Bhawan Raipur (C.G.) 2. Director, Directorate of Technical Education, Byron Bazar, Raipur (C.G.) 3. Chhattisgarh Swami Vivekanand Technical University, through the Registrar, Sector-8, Bhilai, District-Durg (C.G.) / 4. Raipur Institute of Technology, through the Principal, Chhatauna, Mandir Hasaud, Raipur, District-Raipur (C.G.) WMT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Petitioner 'ersus ^•^.S.Sa^U'SS^ Avinash Rao Gayakwad State of Chhatt'saarh & Othe" WRIT PETlTiON UNDER ARTICLE 226 OF THE CONSTiTUTION OF IND1A iai] .5 5 ^- 'l, >J-j Present:- Shri Prateek Sharma, Advocate for the petitioner. Shri Shsshank Thakur, Panel Lavwer for the State. Shri Y.S.T'nakur, Advocate fonhe respondent No.3. ^QA^ \ 1^-^ 'P-aiS^tS-'i -sn Qnnci ^s*.' ",f r^.^.'-.hAi- 70-1 H'i ^i'E^s5tt;u Uii ^.^, u<^y <-?3 lw/\--ivysi; ^\jf^u) Bv this Detition, the Detitionsr seeks a direction to the rescondents to round off the marks secured by the petitionsr ;n graduation deares from 49.94% to 50% marks and further to permi't the petltioner tQ prosecute his studies continuousiy and to appear in the end sernester examinatlon. Learned counsel aDDearina for the Detitioner submits that the Detit'onsr 'has obtained 49.94% marks in araduation and the reauired minimum aualifvina marks in oradustion is 50%. This Hon'ble Cous't in the matter of Abhishek Sharma v. Stats of Chhattisgarh & Otliers' after consldering several declsions, has he!d t'nat rnore than 49.50% marks mav bs rounded off and treated as 50% marks. Thus. in the case on hand. since the oetitioner has obtained 49.94% marks in araduation that shai! be treated as 50% forthe purpose ofminimum qualifying marks In graduation. Shri S'nashank Thakur, iearned Panel LavA'er for the Stats and'Shri Y.S.Thakur, Advocate appearing for the rsspondent No.3 submit that the oosition in 'the above stated disoute has alreaflv been seitted bv this Court. holdina that the marks more than 49.50% rnay bs rouncied off to 50% for t'ne purpose of quaiifcation, if quaiif'/ing marks is reauired to be 50%. Accordinaiv, this matter stands disposed of. No order asto cbst. Sd/- Satish K. Agnihotri Judge W.P.(C$ No. 5423 of 2010 (decided on 22" Sept. 2010). 1