ASN 1 WP-3645.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3645 OF 2011 Shaikh Irfan Salim. ..Petitioner. Vs. Director of Education, Maharashtra State and ors. ..Respondents. Ms. N.S. Salekar with N.R.Bubna for the Petitioner. Mr. S.R.Nargolkar, Addl. Govt. Pleader for the Respondents. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. Friday 6 th May, 2011 PC: Rule, returnable forthwith with the consent of the parties. 2 The petitioner has passed H.S.C. Examination of the Maharashtra Board in the year 2009 and obtained 299 marks out of 600 marks i.e. to say 49.83% marks. When the petitioner sought admission to the Diploma in Education Course in the college recognized by respondent No.1, the petitioner was held ineligible on the ground that the petitioner has not obtained 50% marks at the qualifying examination. The petitioner therefore, could not secure admission in D.Ed. Course in the year 2010-11.The petitioner is now seeking to secure admission in the year 2011-12 . The petitioner has therefore, moved this Court for direction to the respondents to consider the petitioner eligible by treating the petitioner as having obtained 50% marks at the qualifying examination by rounding off the fraction as one percent. In support of the contention, the petitioner has relied upon the judgment of this Court ASN 2 WP-3645.sxw in Pooja G. Chavare Vs. State of Maharashtra and ors. in Writ Petition No.2544 of 2011 which is at Exhibit-B attached to this petition. 2 Having heard the learned counsel for the petitioner and the learned Addl. Government Pleader Mr. Nargolkar we follow the said decision dated 30th March, 2011. We allow this petition and direct the respondents to treat the petitioner eligible for admission to D.Ed. Course by taking the petitioner as having obtained 50% marks by rounding off 49.83% . We further clarify that in case there is a competition between two persons, one having secured 300 marks out of 600 marks in the qualifying examination and the other having secured 299 out of 600 total marks, the student with higher number of marks i. e. 300 marks will have to be treated as more meritorious than the student who had secured 299 marks out of 600 marks. With the above clarification, rule is made absolute in the above terms. The petition stands disposed of. CHIEF JUSTICE GIRISH S. GODBOLE, J.