Kamal Kishore Raje vs State of M.P. and Others

Sujoy Paul, J.—Writ petition No. 7154/13 and 7153/2013 are filed assailing the circular dated 15.2.2013. Writ Petition No. 7157/2013 is also identical to in these cases. The petitioner is seeking consideration on the basis of a subsequent mark sheet of Higher Secondary wherein he has obtained 63% marks. Writ Petition No. 7142/2013 and Writ petition No. 7072/2013 contains a prayer that the petitioners be given benefit of rounding off of the marks. For example, in W.P. No. 7072/2013, it is prayed that the marks obtained by the petitioner, i.e., 49.77% be treated as 50%.

I have heard the learned counsel for the parties and perused the record.

In the opinion of this Court, the point involved in these cases are no more res-integra. This Court recently on 3.10.2013 (Indrajeet Singh Versus State of M.P. & Others) decided a batch of petitions containing similar issues. In the said judgment, this Court has considered the question of rounding off and also the validity of circular dated 15.2.2013. On the basis of an Indore Bench judgment in the case of Badrilal Vs. State of M.P. & others (Writ Petition No. 10072/2012), this Court opined that circular dated 15.2.2013 does not suffer from any legal infirmity or illegality. The benefit of rounding off was also rejected by Indore Bench on the basis of judgment of Supreme Court reported in The Registrar, Rajiv Gandhi University of Health Sciences, Bangalore Vs. G. Hemlatha and Others, . The Indore Bench''s judgment in Badrilal (supra) is affirmed by the Division Bench of Indore in W.A. No. 728/2013 (Smt. Reena Kumar vs. State of M.P. and others).

In view of aforesaid legal position, no relief is due in favour of the present petitioners. Petition sans substance and is hereby dismissed. So far W.P. No. 7157/2013 is concerned, no benefit on the basis of subsequent mark sheet can be given. The eligibility of a candidate has to be seen on the last date of submission of candidature. Thus, this petition is also dismissed.