WP 4753/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4753/2011 Deepali Mahadev Sonkamble V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri V.A. Dhakne, Advocate for petitioner. Shri V.D. Rakh, AGP for respondent nos.1 & 3. Respondent no.2 served. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 16.08.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final hearing with the consent of learned counsel for the parties. By way of present petition, the petitioner is seeking a writ of mandamus directing the respondents to treat the petitioner as eligible for admission to D.T.Ed. course treating the percentage of marks i.e. 44.83% secured by the petitioner in H.S.C. to be 45%. The issue is no more res integra. The WP 4753/11 2 Division Bench of this Court in Writ Petition No.4350/2010 decided on 15.3.2011, relying on the judgment of the Apex Court in the case of State of U.P. & another V/s Pawan Kumar Tiwari & others reported in (2005) 2 SCC, 10, has held, by taking recourse to the doctrine of “rounding up”, the percentage of marks i.e. 44.5% secured by the petitioner therein, be treated as 45%. In the present case, the petitioner has secured much more than 44.5% i.e. 44.83%. In that view of the matter, the petition needs to be allowed. Rule is made absolute in terms of prayer clause (B). No order as to costs. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 16.08.2011 ndk/c168116