JUDGMENT P.P.Gupta 1. This petition was finally heard with the agreement of both the parties at the stage of admission. 2. In the year 1988 the petitioner, Rajan Seth, was admitted in the Maharani Laxmi Bai Medical College, Jhansi, for four years' M.B B S. Course. On 26-8-1991, the petitioner made a representation to the Principal, G.S.V.M Medical College, Kanpur,, respondent no 3, seeking his transfer to G S.V M. Medical College, Kanpur on the ground that he was suffering from Allergic Bronchitis and for that ailment he was under the treatment of Dr. Saxena, Assistant Professor of Medicine, G S V.M. Medical College, Kanpur. It was further stated that his father too was sick and was convalescing at Kanpur and petitioner, being the only son, had to be stationed there for looking after his ailing father and family. The aforesaid request of the petitioner could not meet success. Accordingly he filed Writ Petition No. 25479 of 1991. By an order dated 10-9-91, the respondents were directed that "subject to eligibility of the petitioner and subject to availability of any vacancy in 5% quota, the petitioner shall be admitted provisionally in G S V.M. Medical College. Kanpur in Second Professional M.B BS. Course." It may be noted here that the petitioner had already appeared and passed the First professional MBBS. Examination on 24-8-1991 from Maharani Laxmi Bai Medical College, Jhansi. The petitioner produced a certified copy of the aforesaid order before the Principal. G.S.V M. Medical College, Kanpur, on the very next day. i. e on 11-9-91. The Principal of the College wrote a letter to the Director of Medical Education and Trailing. U. P., Lucknow, respondent no. 2, (Annexure T to the writ petition) seeking his guidance in the matter. It is mentioned in this letter that there are 191 seats in the Medical College at Kanpur According to the view of the respondents only 9 seats will come within 5% quota for accommodating the students on transfer from other colleges. Thus, only 9 seats represent the quota of 5%, as has been prescribed by the Indian Medical Council and as directed by this Court also in its interim order dated 10-9-1991. 3. The contention of the petitioner is that the aforesaid stand taken by the respondents is absolutely illegal. 5% of 191 seats comes to 9.55. Thus, only 9 seats represent the quota of 5%, as has been prescribed by the Indian Medical Council and as directed by this Court also in its interim order dated 10-9-1991. 3. The contention of the petitioner is that the aforesaid stand taken by the respondents is absolutely illegal. 5% of 191 seats comes to 9.55. According to settled law and the practice,, in working out a number, the fraction which is less than 0.5 has to be ignored Since the figure in the present case comes to 9 55, it has to be rounded off to make it 10 seats. 4. The respondents' contention is that since only 9 seats can be filled by transfer from other colleges, all the 9 seats have already been filled up by the students on transfer from other Medical Colleges and since there is no vacancy, the petitioner cannot be accommodated. It was argued before me that since 5% of 191 comes out to 9 55 and if the fraction, which is closer to 1, is rounded off to 1, the number of seats to be filled up by the transfer from other colleges will come in 10. Since only 9 seats have been filled rap and one seat is still lying vacant, the petitioner can very well be accommodated in that available seat. 5. I have heard the learned counsel for the petitioner and the learned Standing Counsel at length. 6. There is no dispute that 191 seats are available in G.S.VM. Medical College, Kanpur. In view of 5% quota as prescribed by the Indian Medical Council for the candidates who are transferred from other colleges, the number of seats available to be filled up by such transfers comes to 9.55. The sole question to be decided is whether this figure is to be rounded off to 9 or to 10. The learned counsel for the petitioner argued that as a normal rule whenever a fraction comes to more than half, it is made into 1 and when a fraction comes to less than half it is not made into one. The sole question to be decided is whether this figure is to be rounded off to 9 or to 10. The learned counsel for the petitioner argued that as a normal rule whenever a fraction comes to more than half, it is made into 1 and when a fraction comes to less than half it is not made into one. In support of this contention reliance was placed in the case of Koneru Ramakrishna v. The Director of Medical Health Services, AIR 1979 AP 223, wherein the High Court has held- "It is true that 14 per cent of four seats is less than one, but, at the same time, it should be noticed that it is more than half. When it is more than half, it can be rounded off to one; otherwise it would be defeating the very purposes of reservation provided for in sub-clause (a)." 7. It was further argued that a similar provision can be found in the Regulations framed under the U P Intermediate Education Act. 1921 Subclause (c) Regulation 5 (2) is in the following terms :- "5 (2) (c). In computing forty per cent of the posts under clause (a) fraction of less than one half be ignored while fraction of one-half or more shall be reckoned as one." Fortifying his argument on the aforesaid decision of the High Court of A P. and also on the provision under the aforesaid Regulations, the learned counsel for the petitioner submitted that since the fraction 0.55, as worked out above, is more than half, it should be rounded off to 1. I find myself in agreement with the aforesaid submission of the learned counsel for the petitioner. Indian Medical Council has fixed 5% quota for the welfare of the students. Therefore, it has to be interpreted in favour of the candidates. The fraction, as worked out above, comes to 0.55. IT is more than half and so in all fairness it should be rounded off to 1. The interpretation that the fraction closure to 1 should be made into 1 is. a sound and equitable proposition, as this would not only serve the ends of justice but will also not result in any discretion. Accordingly, I am of the view that the fraction 0.55, as calculated above, should be made into 1. The interpretation that the fraction closure to 1 should be made into 1 is. a sound and equitable proposition, as this would not only serve the ends of justice but will also not result in any discretion. Accordingly, I am of the view that the fraction 0.55, as calculated above, should be made into 1. Thus, the number of seats which can be filled up by the students on transfer from other colleges comes to 10. There is no dispute that 9 such seats have already been filled up by the students of other Medical Colleges and one seat is still left. The petitioner can, therefore, very well be accommodated in that seat. 8. In view of above, the writ petition is allowed and respondent no. 3 is directed to admit the petitioner in the 10th available vacancy in the College within a week from the date a certified copy of this order is produced before him. There will be no order as to costs. Petition allowed.