IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.3.2009 CORAM THE HON'BLE MS.JUSTICE K.SUGUNA Writ Petition No.3094 of 2009 R.Stella Mary .. Petitioner Vs. 1. The Government of Tamil Nadu rep. by its Secretary Higher Education Department Fort St. George, Chennai 9. 2. The Director of Collegiate Education DPI Campus, College Road Chennai 600 006. 3. The Registrar Tamil Nadu Teachers Education University Lady Willington Collector Campus Kamarajar Salai Chennai 600 005. 4. The Principal Ansaldo College of Education Polur T.K. Thiruvannamalai Dt. .. Respondents ----- Petition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus for the relief as stated therein. ----- For Petitioner : Fr.A.Xavier Arulraj For Respondents : Mr.G.Sankaran, Spl.G.P. Assisted by Mr.K.H.Ravikumar, G.A. ----- O R D E R This writ petition has been filed for issue of a writ of Certiorarified Mandamus calling for the records pertaining to Section 1I(iv)(a) of the Annexure to the G.O.(1D) Ms.No.74 of Higher https://hcservices.ecourts.gov.in/hcservices/ Education (G.1) Department dated 10.5.2008 on the file of the first respondent and the consequential official communication No.TNTEU/R.EC.2008/63 dated 20.1.2009 on the file of the third respondent and quash the same insofar as the petitioner is concerned and consequently, to direct the respondents 1 to 3 to approve the admission of the petitioner in B.Ed. Course for the academic year 2008-2009 in Ansaldo College of Education, Polur, Thiruvannamalai District. 2. The facts leading to the filing of the writ petition are as follows: The petitioner has completed B.A. (English) through distance education in the Annamalai University, securing 49.8% of marks. Subsequent to this, the petitioner has joined B.Ed Course in the fourth respondent Institute during the academic year 2008-2009. When her records of admission were forwarded to the third respondent for approval, the third respondent, by proceedings dated 2.1.2009, cancelled the admission of the petitioner on the ground that she has not secured 50% of marks. 3. The issue in question is squarely covered by the judgment of the Supreme Court in STATE OF U.P. AND ANOTHER V. PAWAN KUMAR TIWARI AND OTHERS [2005 (2) SCC 10] wherein it was held as under: "7. We do not find fault with any of the two reasonings adopted by the High Court. The rule of rounding off based on logic and common sense is: if part is one- half or more, its value shall be increased to one and if part is less than half then its value shall be ignored. 46.50 should have been rounded off to 47 and not to 46 as has been done. If 47 candidates would have been considered for selection in general category, the respondent was sure to find a place in the list of selected meritorious candidates and hence entitled to appointment." 4. Following the judgment of the Supreme Court cited above, this Court has allowed W.P.No.26088 of 2008 involving a similar issue and the said order was also confirmed in W.A.No.1353 of 2008. https://hcservices.ecourts.gov.in/hcservices/ In view of the same, the writ petition is allowed. The respondents are directed to approve the admission of the petitioner to B.Ed Course and also permit her to attend the forthcoming examinations. No costs. Consequently, M.P.Nos.1 to 3 are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kpl To 1. The Secretary Higher Education Department Fort St. George, Chennai 9. 2. The Director of Collegiate Education DPI Campus, College Road, Chennai 600 006. 3. The Registrar Tamil Nadu Teachers Education University Lady Willington Collector Campus Kamarajar Salai, Chennai 600 005. +1cc to Govt. Pleader Sr 10663 +1cc to Fr.A.Xavier Arulraj,Advocate Sr 10288 SR(CO) km/2.4. W.P.No.3094 of 2009. https://hcservices.ecourts.gov.in/hcservices/