A6 PAGE Ho ..^., ^^ I^ZT^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (C) NO.Uel'S OF 2010 PETITIONER: ^^••^ VA^^:'::^^ &•'"' .^- \^l^^.^cn ^' ' -.•'\'i ...-"7-' RESPONDENTS: / Siddhart,_ Sharma S/o P.L. ''&- Sharma, Aged About 22 years, R/o Front of Care Nursing Home, Arya Nagar, Durg (CG) Versus ^1. Chhattisgarh Swami Vivekanand Technical University Through - Registrar, Sector - 8, Bhilai, District Durg (C.G.) -^2. Bhilai Institute of Technology, Bhilai House, Durg (CG) WRLT PETITIQN^ UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA -^ ^?" <NV® '^^l^SCSi ^B^^^ HIQH CQURT QF,CHHATT18QARH AT BILA6PUR WRlt lETltlaN (0 No. 4015_of2Qla PETITIQNCT : Siddhant Sharma VERSUS Chhattisgarh Swami Vivekanand Technlcal University & another , WRIT PETITIQN -UNDER ARTICLE 226 QF THE GaNSTITUTIQN OF INDIA AU: 1-loil'ble IShri Satish K. AflniholrLA Present: Shri Vinay Pandey, Advocate for the petltidner. Shri Y.S. Thakur, Advocate forthe respondent No.1. QRQIR(QRAL) (Passed on 10th day ofAugust, 2010) By way af this petitlQn, the petitioner seeks to quash.the lettei dated 1Q.7.SIO'IO (Annexure f/l) issued by the respondent No. 2 and further, a direCfion to the respondent Llniversity to grant' admissibn to fhe petitloner In MBA (Full Time) for the sessiorl 2010-11 and to treat 49.72% marks obtained by thg petitioner in B.Com examination by roLinding off to 50% marlcs for the purpose of enrollment of his name for M.B.A. (Full'Time) for session 2010- 2011. Thfe indisputable facts in brief are that, the petitioner obtained 342 out of 600 marks in B.Com (Part III) and in aggregate, he obtained 49,72% pf ri-ltirks. The petltioner desired to take admission in MBA course, l but his applicatlon for the same was rejected on the; ground that the pelitioner did not possess the minimum qualifying rnarks i.e. 50% in B.Com. Learned coi-insel appearlng for the petitioner submits that the question of rounding off marks in case of admission to a course has already been settled hy a decision of learned Division Bench of thi6 Court in Kumari Priyanka Tiwari v. Chhattisgarh Swami Vivekanand Technical Llniversity & Others . j. WP('C) No.7125 of 2008 decidecl on 15-1-2010. ^^ B>'3S r&^^'-^ In Kumari Priyanka Tiwarl (supra), the petitioner thereih obtained 49.66% marks in 10+2 examination and after rounding off It was treated as 60% for admission. In State of Orissa ^nd Another v. Damodar Nayak and Anothef , 1;he question before fhe Supreme Court was - whether the respondent would be ehtltled to payment of salary under the Grants-in-Aid Scheme from the date of initial appolntment till he ,tmproved his quallfibation or ftom the date of his acctLiiring the qualification ? As per 1-esdlutlonissued by the State G&vernment, ;the quaJificgtlon tor 1-ecruitment of Lecturers of atiiliated colleges was that "cahdidate not holding an M.Phil degrpd shouldlposse88 a hlgh second class Master's degree i.e. 54% marks and a second class Honours/Pass in the B.A./B.Com./B.Sc. examination". Considering that the respondent No.1 secured 53,9% marks, which Is almost equivalent ta 54% marks, it was held that he will be eligible to the benefit of thegrants-in-aidw.e.f.1-8-1987 and onwards. 'ln view of the foregDing, the writ petitionis allowed. If there is no other hurdle, the petitionei- may be treated as having minimtim. qualificatioh of 50% rriar'ks on rounding off 49.72% marks obtained by the petitloner in B.Com. course. Accordingly, case of the petitioner may be considefed for admisslon in MBA (full time) session 2010-11. Sd/- No order asto costs. Satish K. Agnihotri Judge