c^-^^ c^ IN THE HIGH COURT OF CHHATTISGARH. AT - BILASPUR Writ Petition fC) No. k5T7 OF 2009 PETITIONERS RESPONDENTS VERSUS 1. / 's**^ r^7 ^ '-^ '{"^f, ^ '^,-,^ 1. SURENDRA SINGH MAHESH AGED - 22 YEARS, S/0 SHRI JAGDEO LAL MAHESH, R/0 SUNDER NAGAR, RAIPUR, DISTRICT - RAIPUR (C. G.) 2. SUMIT KUMAR NIRMALKAR AGED - 20 YEARS, S/0 SHRI JOHAN LAL NIRMALKAR, R/0 DANTESHWARI CHOWK, PANDARI, RAIPUR, DISTRICT - RAIPUR (C. G.) STATE OF CHHATTISGARH, THROUGH - THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, MANTRALAYA, D. K. S. BHAWAN, RAIPUR. 2. THE DIRECTOR, DEPARTMENT OF HIGHER EDUCATION, CHHATTISGARH, H. Q. - SCIENCE COLLEGE CAMPUS, ,. RAIPUR, CHHATTISGARH 3. CHHATTISGARH SWAMI VIVEKANAND TECHNICAL UNIVERSITY, BHILAI THROUGH - ITS REGISTRAR, NORTH PARK AVENUE, SECTOR - 8, BHILAI, DISTRICT - DURG (C. G.) 4. THE ROYAL COLLEGE OF PHARMACY SCIENCE, RAIPUR THROUGH - THE PRINCIPAL, DUMARTALAB, MOHABA BAZAR, RAIPUR (C. G.) -^-— ^.} Writ D^itinn under Article - 226^227 of the Constitution of India. A-/^ HIGH COURT QF CHHATTISGARH : BILASPUR WRIT PETITION (0 N0.6977 OF 2009 PETITIONERS Surendra Singh Mahesh& Another Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition underArticte 226/227 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri R.K. Kesharwani, Advocatefor the petitioner. Shri A.V. Sridhar, Panel Lawyer for the State. Shri Y.S. Thakur, Advocate for the respondent No.3. Shri A.N. Bhakta, Advocate for the respondent No.4. ORDER(ORAL) (Passed on this 21st day ofJune, 2010) 1. By this petition, the petitioners impugn the letter dated 4-11-2009 (Annexure ~ P/1) whereby the petitioners were not enrolled for B. Pharma Lateral Entry, 3 Semesteron the ground that they have obtained below 60% marks in Diploma in Pharmacy examination. 2. The facts, in nutshell, for adjudication of the case, are that the petitioners obtained 59.90% and 59.81% marks, respectively, in Diploma in Pharmacy examination. On the basis of acquisition of Diploma in Pharmacy, the petitioners were admitted in B. Pharma second year with the respondent No.4 college. Thereafter, the enrollmentof the petitioners was cancelled by the respondent No.3 University on the ground that they have obtained less than 60% marks in Diploma in Pharmacy. Thus, this petition. 3. Shrj Kesharwani, learned counsel appearing for the petitioners, submits that the question of law involved in the presentcase is squarely covered by the decision rendered by the Division Bench of /"'y^ fQ" ^•^ 4. Gowri this Court in Kumari Priyanka Tiwari v. Chhattisgarh Swami Vivekanand Technical University & Others1. In Kumari Priyanka Tiwari (supra), the petitioner therein obtained 49.66% marks in 10+2 examination and after rounding off it was treated as 50% for admission. 5. In State of Orissa andAnother v. Damodar Nayak and Another2, the question before the Supreme Court was - whether the respondent would be entitled to payment of salary under the Grants-in-Aid Scheme from the date of initial appointment till he improved his qualification or from the date of his acquiring the qualification ? As per resolution issued by the State Government, the qualification for recruitment of Lecturers of affiliated colleges was that "candidate not holding an M. Phil. degree should possess a high 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 respondent No.1 secured 53.9% marks, which is almost equivalent to 54% marks, it was held that he will be eligible to the benefit ofthe grants-in-aid w.e.f. 1-8-1987 and onwards. 6. In view of foregoing, the question of law raised herein is well settled, the marks obtained by the petitioners may be treated as 60% by rounding off 59.90% and 59.81% marks, respectively. In the result, the writ petition is allowed. The respondent University and the Cotlege are directed to enroll the petitioners to B. Pharma Lateral Entry, 3rd Semester. There shall be no order asto costs. 7. 8. Sd/- Satish K. Agnihotri Judge <^] 1 W.P. (C) No.7125of2008decided on 15-1-2010 2 (1997)48cc 560