1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5349 OF 2010 (Ku. Disha Suhas Chaudhari vs. The State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 19, 2011 Heard Shri Ahirrao, learned Counsel for the petitioner, and Shri Jichkar, learned Assistant Government Pleader for the respondents. Shri Ahirrao, learned Counsel for the petitioner, states that the petitioner submitted application for admission to D.T.Ed. Course, dated 1/7/2010 to the competent Authority. The minimum eligibility criteria for admitting a candidate in the said course is that the candidate must possess 45% marks in the qualifying examination, i.e. XII Standard (“Other Backward Class” category). It is submitted that the petitioner has secured 44.68% 2 marks in her XII Standard examination and in view of the decision of this Court, dated 15/7/2010 rendered in Writ Petition No.3191/2010, the said percentage can be treated to be 45%. It is contended that the competent Authority failed to take into consideration all these aspects and, therefore, did not grant admission to the petitioner to the D.T. Ed. Course and hence, petitioner filed an appeal before respondent no.3. Shri Jichkar, learned Assistant Government Pleader for the respondents, has brought to our notice that the respondent no.3 was not competent to consider the said appeal and, therefore, the said appeal was forwarded to the respondent no.2, who is competent Authority to decide the appeal. It is submitted that the said appeal has been rejected by the respondent no.2 vide order dated 9/8/2010. We have considered the contentions canvassed by the learned Counsel for the parties and perused the decision of this Court dated 15/7/2010 rendered in Writ Petition No.3191/2010. Considering the ratio laid down in the said decision, 3 we have no hesitation to hold that percentage of marks obtained by the petitioner, i.e. 44.68% after rounding up comes to 45% and, therefore, the competent Authority should treat percentage of marks obtained by the petitioner in her XII Standard as 45%. For the reasons stated hereinabove, the order dated 9/8/2010 passed by the respondent no.2 is set aside. The petition is disposed of. JUDGE JUDGE khj