शनिवार, 25 अगस्त 2012

Cut of marks - rule of rounding-off


Many students remain under impression  that  .50 or above marks are rounded off as 1. Many institutions also extend benefit of the rounding off. Legally it is incorrect. Rule of rounding off can not be applied unless the relevant statute/rules/ordinances provide for this. This position has been reiterated by the apex courtin many cases. Recent one is THE REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, BANGALORE      VS. G. HEMLATHA AND OTHERS   decided a day before yesterday i.e. on 23/08/2012 . 
In this case a nurse of primary Health Center after working for more than 8 years got permission from superior authorities to pursue M.Sc. (Nursing) course. She had obtained 54.71 marks in B.Sc. (Nursing) . Eligibility marks for admission was 55%. She  approached  the  Secretary,  Indian
Nursing Council,  requesting that a  certificate of eligibility be issued to her who in turn communicated  to  her
that 0.50% would normally be rounded-off to next digit.  She  was  asked  to approach  the  concerned  authority  of  the  institute  in   that   regard. Accordingly, she approached the University and the University gave eligibility certificate.  She,  then,  approached  the  Principal,  Navodaya College of Nursing, Raichur, Karnataka, the second respondent herein.   With the said certificate she obtained admission in the management quota.
 When she was  preparing  to  take  the  annual  examination,  she  was informed by the  second  respondent  that  she  was  not  eligible  to  take examination as she has secured less than 55% in the qualifying  examination. She approached the University for reconsideration of her case.   She  was
informed that on reconsideration it was found that she was not  eligible  totake examination.  She, therefore,  preferred  writ  petition  in  the  High Court challenging the said communication.  She  obtained  an  interim  order permitting her to take first year examination.   She  took  the  examination but, results were withheld.  She was also permitted to take the second  year examination by an interim order.  Thus, she had completed the PG  course  by taking both the examinations.  Single Judge of the High  Court,  by applying the rule  of  rounding-off  of  numbers,  held  that  54.71%  marks obtained by respondent 1 should be rounded-off to 55%.  Thus,  respondent  1  became eligible by virtue of the High Court’s order.  Learned  Single  Judge
set aside the endorsement issued by the petitioner stating  that  respondent 1 was not eligible for admission to the PG course in M.Sc.  (Nursing).   Letters patent appeal against said order was dismissed by the Division Bench.
The Supreme Court held that, when  eligibility  criteria  is  prescribed  in  a   qualifying
examination, it must be strictly adhered  to.   Any  dilution  or  tampering with it will work injustice on other candidates.    The  Division  Bench  of the High Court erred in holding that  learned  Single  Judge  was  right  in rounding-off of 54.71% to 55% so  as  to  make  respondent  1  eligible  for admission to PG course.  Such rounding-off is impermissible.

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