Rounding-off of the marks/percentage in a qualifying examination
is injustice.
The Supreme Court in The Registrar, Rajiv Gandhi
University of Health Sciences, Bangalore Vs Hemlatha & Others said,
no provision is provided in the statute/rules which permits rounding-off of
eligibility criteria prescribed for the qualifying examination for admission to
PG courses in M.Sc (Nursing). When eligibility criteria are prescribed in a
qualifying examination, it must be strictly adhered to. Any dilution or
tampering with it will work injustice on other candidates. Rounding-off is
impermissible.
The respondent had completed a bachelor of science degree in
nursing with 54.71% aggregate marks. The eligibility criteria
prescribed by the Indian Nursing Council for securing admission to the PG
course was 55% aggregate marks. By rounding-off method she obtained an
eligibility certificate. With the said certificate she obtained admission in
the management quota.
When respondent was preparing to take the annual examination, she
was informed by the appellant that she was not eligible to take examination as
she has secured less than 55% in the qualifying examination. She preferred writ
petition in the High Court challenging the said communication. She obtained an
interim order permitting to take the first and second examination. Thus, she
has completed the PG course by taking both the examinations. The single judge
of the Karnataka High Court, by applying the rule of rounding-off of numbers,
held 54.71% be rounded-off to 55%. The division bench inclined to interfere
with the discretion of the single judge.
Prepared by: S. Hemanth
Advocate at Hemanth
& Associates
