SBCWP NO.1452/2007. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.1452/2007. Om Prakash Kataria Vs. M.D.S. University & Anr. Date of Order : 4/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.K. Saksena for the petitioner. Shri Kuldeep Verma for the respondents. ****** BY THE COURT:- This writ petition has been filed by the petitioner with the prayer that respondents be directed to treat 39.61% marks secured by him in graduation by counting 40% marks and allow him to appear in LL.B. Part-III examination and declare the result thereof. The petitioner was permitted to appear in the said examination under the interim- order passed by this Court on 12/4/2007. 2) Shri S.K. Saksena, learned counsel for the petitioner cited the judgment of the Division Bench of this Court in Jai Narain Vyas University & Anr. Vs. Budha Ram Choudhary : DB Civil Special Appeal No.30/2006 decided on 12/1/2006 and has argued that the controversy raised in the present case is squarely covered by the aforesaid judgment. 3) In the aforesaid judgment, the Division Bench dismissed two appeals filed by the University SBCWP NO.1452/2007. 2 which also related to admission to LL.B. Course. The Division Bench considered the guidelines laid down by the Government of India that the candidates should necessarily secure 45% marks for qualifying the graduation examination. In that case, respondents secured 44.61% and 44.83% marks, respectively. The argument that was raised by the learned counsel for the respondents in that case was that in those cases the marks secured by the candidates more than half of the fraction, such candidates should be given benefit of rounding off these marks. 4) The Division Bench while dismissing the appeals held that "System of rounding off is well- accepted norm of assessment. The learned Single Judge simply directed rounding off of the marks without compromising with the norm fixed by the Bar Council". 5) The writ petition is, therefore, allowed in terms of the aforesaid judgment with the direction that 39.61% marks secured by the petitioner in graduation examination should be rounded off and be treated as 40% and on that basis, petitioner may be treated as eligible to appear in the LL.B. Course. Respondents are directed to declare the result of the petitioner in terms of the aforesaid directions and permit him to pursue further studies in accordance with law. (MOHAMMAD RAFIQ), J. Bharti/-