JUDGMENT : 1. In the instant batch of writ petitions, all writ petitioners are stated to be candidates from class of reserved categories i.e. SC/ST, OBC, MBC and EWS and have appeared to pass the Rajasthan Eligibility Examination for Teachers (REET)- 2022 conducted by the Board of Secondary Education, Rajasthan, Ajmer (hereinafter referred to as “the Board”) being a nodal agency for and on behalf of Government of Rajasthan. An advertisement No.01/2022 dated 12.04.2022 was published by the Board and as per terms of advertisement, candidates from General/Unreserved category are required to secure minimum 60% marks whereas candidates belonging to reserved category of SC/ST, OBC, MBC and EWS were required to secure 55% minimum marks (i.e. with relaxation of 5% marks) in order to pass/qualify the REET-2022 which is an eligibility test only, petitioners have allegedly secure 82 marks out of 150 marks in REET- 2022, 82 marks would amount to 54.67% whereas petitioners were required to secure minimum 55% which is equal to 82.5 marks out of 150 marks, hence, petitioners have not been declared pass/qualify the REET–2022 and REET pass certificate has not been issued by the Board in favour of petitioners. 2. The writ petitioners have come up before this Court making out a case that the CBSE Board of Central Government and Boards of Secondary Education of other States like Haryana, West Bengal and Uttar Pradesh etc. have treated 54.67% as equivalent to 55% by applying the rule of rounding off method and have issued Teacher Eligibility Test (TET) pass certificate to candidates of reserved category on scoring 82 marks out of 150 marks, therefore, petitioners in the State of Rajasthan may not be discriminated and since petitioners have also scored 82 marks, therefore, respondents be directed to declare petitioners REET 2022 pass and to issue REET pass certificate in favour of petitioners. 3. Learned counsel for petitioners, in order to buttress and strength the case of petitioners would urge a rationale logic for applying method of rounding off by the CBSE Board and State Boards of Haryana, West Bengal and Uttar Pradesh etc. 3. Learned counsel for petitioners, in order to buttress and strength the case of petitioners would urge a rationale logic for applying method of rounding off by the CBSE Board and State Boards of Haryana, West Bengal and Uttar Pradesh etc. that the National Council for Teachers Education (NCTE) had issued a notification dated 23.08.2010 in accordance with provisions of sub-Section 1 of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), notification laid down the minimum qualification for a person to be eligible for appointment as Teacher in Class I to VIII. The said notification envisage that an essential qualification for a person to be eligible for appointment as a Teacher in any of schools referred to in Clause (n) of Section 2 of the RTE Act that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government in accordance with guidelines framed by the NCTE. In furtherance thereto, NCTE vide notification dated 11.02.2011, notified guidelines for conducting the Teacher Eligibility Test (TET). According to NCTE guidelines, the question paper of TET would be of total 150 marks, comprising objective type multiple choice questions (MCQs) and each question would carry 1 mark. The candidate who intends to pass the TET, would score 1 mark on giving correct answer to one question and thus, would be able to score 100% (150 marks) by giving correct answers to all 150 questions. There is no negative marking on giving incorrect answer. As per Clause 9 of such guidelines, candidate who scores 60% or more in the TET examination will be considered as TET pass, however, school managements (Government Local Bodies, Government Aided and Unaided) have authorized to extend concessions to persons belong to SC/ST, OBC, Differently Abled Persons etc. in accordance with their extent reservation policy. The Central Government and other State Governments extended 5% concession to reserved category candidates, to score minimum qualifying marks of 60% and thus, reserved category candidates are required to score minimum 55% marks to declare TET pass. The Government of Rajasthan also extended 5% relaxation to reserved category candidates, thus, for REET- 2022, candidates from reserved category are required to score 55% marks out of 150 marks for issuance of REET pass certificate. 4. The Government of Rajasthan also extended 5% relaxation to reserved category candidates, thus, for REET- 2022, candidates from reserved category are required to score 55% marks out of 150 marks for issuance of REET pass certificate. 4. It has been pointed out that 55% of 150 marks, would be 82.5 marks and as per marking valuation procedure i.e. 1 mark for each 150 objective type questions, it is not possible for a candidate to score 82.5 marks, therefore, in order to eliminate such an anomaly of impossibility to score 82.5 marks i.e. minimum 55% marks by candidates of reserved category, the CBSE Board and other State Boards have adopted the rule of rounding off and with such rationality, in order to give benefit of reservation, candidates belonging to reserved categories have been declared TET pass on scoring 82 marks out of 150 marks which would amount to 54.67% marks, so it has been contended that in the State of Rajasthan as well, the Board of Secondary Education, Rajasthan, Ajmer should adopt the rule of rounding off method and candidates of reserved categories who have scored 82 marks, qua the minimum required 82.5 marks, should be declared REET– 2022 and REET pass certificate should be issued in their favour. In support of such contentions, the judgment of Calcutta High Court dated 03.11.2022, delivered in case of Mehebul Mondal Vs. The State of West Bengal in WPA No.20745/2022 has been relied upon. 5. In support of such contentions, the judgment of Calcutta High Court dated 03.11.2022, delivered in case of Mehebul Mondal Vs. The State of West Bengal in WPA No.20745/2022 has been relied upon. 5. In addition to above contentions, counsel for petitioners have also pointed out that for REET pass candidates, Government of Rajasthan notified vacancies for appointment of Teacher Grade III Level I (Class I to V) and Level II (Class VI to VIII) through recruitment agency- Rajasthan Staff Selection Board (hereinafter referred to as “the Selection Board”) in the month of December, 2022, candidates belonging to reserved category of SC/ST, OBC, MBC and EWS who scored 82 marks but were not issued REET pass certificate by the Board, were not allowed to appear in the recruitment examination to be conducted by the Selection Board for appointment on the post of Teacher Grade III Level I and Level II, therefore, such candidates approached before the Rajasthan High Court by way of filing writ petitions and the Hon’ble Court, after appreciating the rule of rounding off method which has been followed by other State Boards, permitting writ petitioners who had scored 82 marks out of 150 marks (i.e. 54.67%) in REET- 2022, to participate in the recruitment examination initially in SBCWP No.18716/2022: Ajaypal Singh Vs. State of Rajasthan vide order dated 15.12.2022 as also in several other writ petitions of identical nature. None of respondents repudiated the order of the High Court, permitting such candidates to apply and participate in the recruitment examination, rather the recruitment Board itself published a corrigendum advertisement dated 23.12.2022, allowing all those reserved category candidates of SC/ST, OBC, MBC and EWS who have scored 82 marks in REET- 2022 to fill online application form in order to participate in the recruitment examination for appointment on the post of Teacher Grade III Level I and Level II, although, subject to final outcome of the SBCWP No.18716/2022. The corrigendum advertisement dated 23.12.2022 as published by the Selection Board is being extracted hereinabove for ready reference : ^^cksMZ }kjk izkFkfed ,oa mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ&2022 ds vUrxZr v/;kid ysoy izFke d{kk 1 ls 5 ,oa v/;kid ysoy f}rh; d{kk 6 ls 8 ds fofHkUu inksa ij lh/kh HkrhZ gsrq fu/kkZfjr ;ksX;rk/kkjh vkosndksa ls vkWuykbu vkosnu (Online Application Form) fnukad 21-12-2022 ls 19-01-2023 jkf= 12-00 cts rd vkeaf=r fd;s tk jgs gSA ekuuh; jktLFkku mPp U;k;ky; us ;kfpdk la[;k SBCWP No. 18716/2022 esa ikfjr varfje vkns'k fnukad 15-12-2022 }kjk jktLFkku v/;kid ik=rk ijh{kk REET-2022 esa vkjf{kr oxZ (ST, SC, OBC, EWS, MBC) ds 82 vad izkIr djus okys vH;fFkZ;ksa dks vkosnu i= Hkjok, tkus gsrq vkns'k fn;k gS] ftldh iyuk esa jktLFkku v/;kid ik=rk ijh{kk REET-2022 esa ysoy izFke ,oa ysoy f}rh; rFkk jktLFkku v/;kid ik=rk ijh{kk REET-2021 esa dsoy ysoy izFke esa vkjf{kr oxZ (ST, SC, OBC, EWS, MBC) ds 82 vad izkIr djus okys vH;fFkZ;ksa dks bl HkrhZ esa vkWuykbu vkosnu Hkjus dk volj fn;k tkrk gSA ,sls vfHk;FkksZ dks lwfpr fd;k tkrk gS dh os fu/kkZfjr vof/k esa fnukad 19-01-2023 rd vkWuykbu vkosnu Hkj ldrs gSA bu vfHk;FkksZ dh vkosnu izfd;k ,oa vkxkeh leLr dkjokgh ;kfpdk la[;k SBCWP No. 18716/2022 ds v/;/khu jgsxhA^^ 6. It has been fervently and vehemently argued from the side of writ petitioners that interim order dated 15.12.2022 in SBCWP No.18716/2022 by this Court was passed after hearing counsel for both parties i.e. in presence of counsel for respondent-Board and without challenging such order, allowing petitioners to apply and participate in the recruitment process, the Selection Board has by its own, followed the order by issuing the advertisement dated 23.12.2022 in rem and in persona i.e. have allowed all candidates of reserved category to participate in the recruitment examination, whosoever have scored 82 marks in REET- 2022, therefore, respondents cannot be allowed to take turn round at the stage of recruitment process, when writ petitioners have qualified the written examination for the post of Teacher Grade III Level I and Level II and at the stage of document verification, writ petitioners cannot be deprived for consideration of their candidature on merits, merely on account of not scoring 82.5 marks in the REET- 2022 and due to non issuance of REET– 2022 pass certificate. It has been submitted that in such peculiar facts and circumstances of the case, principle of aprobate and reprobate applies, wherein an element of fair play is its an intrinsic part, therefore, respondents are bound to follow the rule of rounding off method in case of petitioners. Thus, respondents be directed to declare writ petitioners, REET- 2022 pass and to issue REET pass certificate in their favour on scoring 82 marks and accordingly their candidature deserve to be considered on merits for appointment on the post of Teacher Grade III Level I and Level II, since petitioners have qualified the written examination for such post. In support, apart from several other judgments of Hon’ble Apex Court, the recent judgment delivered in case of Union of India Vs. N. Murugesan Etc. [ 2022 (2) SCC 25 ], has been referred. 7. Per contra, learned counsel appearing on behalf of respondent-Board of Secondary Education, Ajmer sought to support the stand of Board for non issuance of REET- 2022 pass certificate in favour of candidates who scored only 82 marks instead of minimum required 82.5 marks out of 150 marks and argued that the Government of Rajasthan has extended relaxation of 5% marks only to candidates of reserved class categories, to score minimum qualifying marks in REET- 2022, hence, the Board is not at fault in not issuing the REET pass certificate to candidates whosoever have not scored minimum 55% marks i.e. 82.5 marks out of 150 marks. He admits that the REET is only an eligibility test and not a competitive test, however, the theory of rounding off to treat 82 marks (54.67%), an equal to that of 82.5 marks (55%) cannot be applied by the Board by its own, that too in violation to guidelines issued by the NCTE. Counsel submits that it is within the jurisdiction of the Government of Rajasthan, to relax in the criteria of minimum qualifying marks of 55%, to candidates of reserved category. He pointed out that advertisement No.01/2022 dated 12.04.2022 issued by the Board for conducting examination of REET- 2022 itself contains the reference of order dated 16.12.2020, issued by the Government of Rajasthan, Primary Education Department which speaks words to support his contention. Counsel has referred the judgment of Hon’ble Supreme Court, delivered in case of Bhanu Pratap Vs. He pointed out that advertisement No.01/2022 dated 12.04.2022 issued by the Board for conducting examination of REET- 2022 itself contains the reference of order dated 16.12.2020, issued by the Government of Rajasthan, Primary Education Department which speaks words to support his contention. Counsel has referred the judgment of Hon’ble Supreme Court, delivered in case of Bhanu Pratap Vs. State of Haryana [(2011) 15 SCC 304] to contend that by applying the theory of rounding off no additional relaxation to secure minimum qualifying marks can be extended by Courts, unless rules permit. In addition, counsel for Board has argued that in case, this Court would issue any direction in favour of petitioners to treat them REET– 2022 pass and to issue REET pass certificate in their favour, it may lead to discriminate with other candidates who are also under reserved category and scored 82 marks but have not approached before the Court. 8. Learned counsel appearing for State- Education Department, has not disputed that the CBSE Board and the Board of other States like Haryana, Tamil Nadu and Uttar Pradesh have issued TET pass certificate to the candidates belonging to reserved categories on scoring 82 marks out of 150 marks but the State Government has not taken any such decision, however, in case this Court is inclined to issue any directions, the matter would be examined to take the appropriate decision at the Department level of Government. 9. Learned counsel appearing on behalf of Selection Board does not dispute issuance of corrigendum advertisement dated 23.12.2022, allowing all candidates of reserved category who have secured 82 marks in REET- 2022, to apply and participate in recruitment for the post of Teacher Grade III Level I and Level II, subject to decision of High Court in SBCWP No.18716/2022 and submits to follow the decision of Hon’ble Court. 10. Heard counsels for all parties at length, perused the material placed on record and also read judgments referred by the respective counsel with their valuable assistance. 11. 10. Heard counsels for all parties at length, perused the material placed on record and also read judgments referred by the respective counsel with their valuable assistance. 11. Having adverted to rival contentions of learned counsel for both parties, this Court finds that following question deserves to be formulated for consideration of the issue involved herein in broader aspect : "Whether candidates belonging to reserve category of SC/ST, OBC, MBC and EWS, who have scored 82 marks in REET- 2022 are entitled to be declared pass and to issue REET pass certificate by applying the method of rounding of marks on the similar line as has been adopted by the CBSE Board and other Boards of State of Haryana, Tamil Nadu and Uttar Pradesh etc. to issue TET pass certificate in favour of reserved category candidates on scoring 82 marks?" 12. In order to deal with the issue that falls for consideration before this Court in the instant batch of writ petitions within jurisdiction under Article 226 of the Constitution of India, it would be appropriate to advert over the issue to begin with that as to under which background of facts, a candidate belonging to reserved category of SC/ST, OBC, MBC and EWS is required to score minimum 55% marks (82.5 marks out of 150 marks) in REET- 2022. In that respect, as has already been pointed out hereinabove that in accordance with provisions of sub-Section 1 of Section 23 of the RTE Act, the National Council for Teachers Education (NCTE) vide notification dated 23.08.2010 laid down the minimum qualification for a person to be eligible for appointment as a Teacher of class I to VIII. It had been, inter alia, provided that one of essential qualifications for a person to be eligible for appointment as a Teacher in any of schools referred to in Clause (n) of Section 2 of RTE Act is that, he/she should pass the Teacher Eligibility Test, which will be conducted by the appropriate Government in accordance with guidelines framed by the NCTE. In pursuance thereof, the NCTE has issued guidelines for conducting the Teacher Eligibility Test (TET) vide its notification dated 11.02.2011 wherein it has been provided that TET examination may be conducted by a suitable provisional body designated by the Government for the purpose. In pursuance thereof, the NCTE has issued guidelines for conducting the Teacher Eligibility Test (TET) vide its notification dated 11.02.2011 wherein it has been provided that TET examination may be conducted by a suitable provisional body designated by the Government for the purpose. The structure and content of TET has also been provided by the NCTE in the notification dated 11.02.2011 and two different papers of TET, paper I for person who intends to be a Teacher for Class I to V and Paper II for a person who intends to be a Teacher for Class VI to VIII, has been suggested to be conducted. For both papers, the scheme of examination is same that the paper would carry 150 total marks, comprising 150 objective type, MCQs and duration of examination would be one and a half hour. Each question would carry 1 mark on choosing the correct answer out of multiple choices and there would be no negative marking. NCTE has determined the minimum qualifying marks to pass the TET. As per Clause 9 of the notification dated 11.02.2011, qualifying marks have been determined in the manner that a person who scores 60% or more in the TET exam will be considered as TET pass. School Managements (Government Local Bodies, Government Aided and Unaided) may consider giving concession to persons belonging to SC/ST, OBC, Differently Abled Persons etc. in accordance with law, to their extent reservation policy. As per guidelines it is within the domain of Government to give weightage to TET scores in the recruitment process, however, it has been made clear that TET is only an eligibility test and mere qualifying TET would not confer right of any person for recruitment/employment. It has been provided that the appropriate Government, conducting examination for TET shall award a TET certificate to all successful candidates. 13. In the State of Rajasthan, Government has appointed Board of Secondary Education, Ajmer as a nodal agency to conduct the REET-2022 for Level I and Level II. Accordingly, the Board through its coordinator notified an advertisement No.01/2022 dated 12.04.2022 to conduct the eligibility test for Level I and Level II. 13. In the State of Rajasthan, Government has appointed Board of Secondary Education, Ajmer as a nodal agency to conduct the REET-2022 for Level I and Level II. Accordingly, the Board through its coordinator notified an advertisement No.01/2022 dated 12.04.2022 to conduct the eligibility test for Level I and Level II. In the advertisement dated 12.04.2022, in para 6, minimum marks to declare pass REET- 2022 have been indicated, which reads as under : "REET- 2022 ds fy, U;wure mrh.kkZd%& i. jkT; ljdkj ds vkns'k Øekad iå F.7(13) Ákf'k@ vk;ks @2019 t;iqj] fnukad 16-12-2020 ds vuqlkj vxzkafdr Jsf.k;ksa gsrq U;wure ik=rk vadks dk fu/kkZj.k fuEu Ádkj ls fd;k x;k gS %& Øå laå Js.kh U;wure mrh.kkZd Áfr'kr 1- lkekU; @vukjf{kr Non TSP TSP 2- vuqlwfpr tutkfr 60 60 3- vuqlwfpr tkfr (SC), vU; fiNM+k oxZ (OBC), vfr fiNM+k oxZ (MBC) rFkk vkfFkZd :i ls detksj oxZ (EWS) 55 36 4- leLr Js.kh dh fo/kok ,oa ifjR;äk efgyk,a rFkk HkwriwoZ lSfud 55 5- fnO;kax ¼fu% 'kätu½ Js.kh esa fu;ekuqlkj vkus okys leLr O;fDr 40 6- lgfj;k tutkfr ds O;fDr 36 lgfj;k {ks= ii. jkT; ljdkj ds jkti= Øekad F.7(l)EE/Plan/2011 fnukad 29-08-2012 ds vuqlkj vuqlwfpr {ks=ksa (Scheduled Area) ds vuqlwfpr tutkfr ds vfHk;fFkZ;ksa ds fy, 36 Áfr'kr mrh.kkZd (Minimum Passing Marks) fu/kkZfjr fd, x, gSA** 14. There is a reference of order dated 16.12.2020, issued by the Primary Education Planning Department through Joint Secretary to Government, Government of Rajasthan to prescribe the criteria for securing minimum marks and the copy of order dated 16.12.2020 has been made available by counsel for Board, during course of arguments, which has been placed on record with an advance copy to counsel for petitioners and same has been taken on record with consent of counsel for both parties in the file of SBCWP No.15541/2022: Rajesh Kumar Yadav Vs. State of Rajasthan, there is reference in the order dated 16.12.2020 that in respect of criteria of minimum qualifying marks as determined by the NCTE, the Hon’ble Supreme Court, in Civil Appeal No.3545-3549/2016 vide judgment dated 18.10.2016 has held that power and jurisdiction to grant relaxation in minimum qualifying marks stand vested with the State Government(s). Accordingly, in the State of Rajasthan, Government has extended relaxation of 5% marks to candidates belonging to SC/ST, OBC, MBC and EWS in comparison to candidates belonging to General/Unreserved category of TSP and Non-TSP Area. Accordingly, in the State of Rajasthan, Government has extended relaxation of 5% marks to candidates belonging to SC/ST, OBC, MBC and EWS in comparison to candidates belonging to General/Unreserved category of TSP and Non-TSP Area. Since according to NCTE guidelines, a candidate is required to secure minimum 60% marks, out of 150 marks (that comes 90 marks), a reserve category candidate is required to secure minimum 55% marks (that comes 82.5 marks out of 150 marks), some more relaxation is provided to widow, divorce women, ex-servicemen and specially abled persons as also persons of Saharia Tribe as stipulated hereinabove in the advertisement. Thus, with this background, it stands amply clear that in the REET- 2022, a candidate belonging to reserve category of SC/ST, OBC, MBC and EWS is required to score minimum 55% marks i.e. 82.5 marks out of 150 marks and on securing 82.5 marks, he/she would be issued REET pass certificate. 15. Undisputedly, writ petitioners who have allegedly belong to different reserved categories have scored 82 marks as against the minimum required marks of 82.5 marks in REET- 2022. The Board has not issued the REET pass certificate to writ petitioners since they have not scored 82.5 marks. It is also an admitted fact that after conducting the eligibility test of REET 2022, the State Government has notified vacancies for appointment on the post of Teacher Grade III Level I and Level II and for which separate advertisements for Level I and Level II, came to be issued through the Selection Board in the month of December, 2022, although, initially as per terms of advertisement, candidates belonging to reserved category, in whose favour REET pass certificate were not issued by the Board, due to not securing the minimum qualifying 82.5 marks were not permitted to apply and participate in the recruitment process for appointment, however, when few of such candidates approached before the High Court, this Court, in SBCWP No.18716/2022: Ajaypal Singh Vs. State of Rajasthan vide interim order dated 15.12.2022 allowed them to participate in the recruitment process. The order dated 15.12.2022 was passed in presence of counsel for Board and thereafter, it has not brought before this Court on record that the order dated 15.12.2022 or the similar order passed in other writ petitions of identical nature was ever questioned before the Division Bench or higher forum. The order dated 15.12.2022 was passed in presence of counsel for Board and thereafter, it has not brought before this Court on record that the order dated 15.12.2022 or the similar order passed in other writ petitions of identical nature was ever questioned before the Division Bench or higher forum. Rather thereafter, the Selection Board has issued a corrigendum advertisement dated 23.12.2022 allowing in rem all candidates belonging to reserved category who have scored 82 marks in REET- 2022, to be eligible for applying/participate in the recruitment process for appointment on the post of Teacher Grade III Level I and Level II, certainly subject to decision in the SBCWP No.18716/2022. The corrigendum advertisement dated 23.12.2022 has already been extracted hereinabove in foregoing para No.5 of this judgment. Obviously, the State Government is consensual to the stand of Selection Board in issuing the corrigendum advertisement dated 23.12.2022. It has not been disputed that writ petitioners in furtherance thereto, have applied and participated in the recruitment process for appointment on the post of Teacher Grade III Level I and Level II according to their eligibility and have declared pass the written examination by the Selection Board. The candidature of writ petitioners for consideration to be appointed as Teacher Grade III Level I or Level II, as the case may be is at the stage of document verification before the Selection Board and depends on the decision over the contentious issue, which is subject matter in issue herein that whether the petitioners can be declared REET- 2022 pass on scoring 82 marks, therefore, the candidature of such candidates including the writ petitions, to consider or not for appointment on merits is at stake. 16. The clinching point, put forth by writ petitioners is that according to marking system applicable in the examination of TET, which is 1 mark for each correctly answered question without any negative marking, it is not possible for any candidate more particularly of reserved category candidates to score 82.5 marks out of 150 marks. The fragmentation of 1 mark into 0.5 mark is not possible and not permissible in evaluation of marking method. The fragmentation of 1 mark into 0.5 mark is not possible and not permissible in evaluation of marking method. Hence, whether in such an eventuality and anomaly of impossibility to score 82.5 marks out of 150 marks, the method of rounding off marks can be made applicable in benefit of candidates belonging to reserved category, more so in order to ensure the relaxation of 5% marks already extended to them to score minimum qualifying marks just by exceeding the relaxation to the tune of 0.33%. It is a case where petitioners have secured 82 marks i.e. 54.67% (82/150 marks) and lacks only 0.33% marks, that is minimal as much as less than 0.5% marks. 17. It has not been disputed that by applying the method of rounding off rule, the CBSE Board as well as other State Boards like Haryana, Tamil Nadu and Uttar Pradesh have awarded TET pass certificate to candidates belonging to reserved category class on scoring 82 marks, qua the minimum required marks of 82.5 marks and thereby candidature of reserved category candidates, who have scored 82 marks have been treated as equivalent to score 82.5 marks, in order to declare them pass in the qualifying examination of TET. For illustration, certificate issued by the Central Board of Secondary Education, Delhi (CBSE) for Central Teacher Eligibility Test (CTET) December, 2019 in favour of one Mr. Suresh Kumar, OBC category candidate, to declare qualified in Paper II Class VI to VIII on scoring 82 marks has been placed on record. Similarly, a certificate from the Board of Secondary Education, Haryana to pass the Haryana Teacher Eligibility Test (HTET) on scoring 82 marks issued on 31.01.2017 in favour of one Mr. Chattarpal, SC category candidate, has been placed on record. 18. That apart, the judgment passed in Mehebul Mondal (supra) by the Calcutta High Court, has not been disputed/distinguished by counsel for respondents. This judgment, incorporates a letter of NCTE dated 10.01.2014, which is sufficient to take note of the stand of NCTE in respect of applying the rule of rounding off marks in order to treat the 82 marks as 82.5 marks, equivalent to minimum qualifying marks of 55% by candidates of reserved category. This judgment, incorporates a letter of NCTE dated 10.01.2014, which is sufficient to take note of the stand of NCTE in respect of applying the rule of rounding off marks in order to treat the 82 marks as 82.5 marks, equivalent to minimum qualifying marks of 55% by candidates of reserved category. The letter of NCTE dated 10.01.2014 extracted in the judgment of Calcutta High Court in case of Mehebul Mondal (supra) is being reproduced hereunder as it is:- “Sir, I am directed to refer to the Guidelines for conducting Teacher Eligibility Test (TET) circulated by the NCTE vide its letter dated 11th February 2011. 2. As per clause 7 of the said Guidelines, the TET exam has to be of 150 marks and as per clause 9 of the Guidelines a person who scores 60% or more in TET exam will be considered as TET pass. 3. Further, as per 9(a) of the TET guidelines the School Managements (Government, local bodies, government aided and unaided) may consider giving relaxation to persons belonging to SC/ST, OBC, differently abled persons etc in accordance with their extant reservation policy. 4. The CBSE is the competent authority to conduct the Central TET for school boards under the Central Government. The pass in CTET is also eligible for recruitment as teacher by the State Governments. The CBSE has regarded 82 marks as pass in CTET for candidates belonging to reserved category. 5. The State Government of Uttar Pradesh had given the relaxation of 5% in the qualifying marks to the persons belonging to reserved categories. 6. Representations were received from various candidates seeking directions to the UP Government to consider candidates belonging to reserved categories in Uttar Pradesh who secured 82 marks (54.67%), be considered eligible as decided in CTET by CBSE. The affected candidates approached the Hon'ble High Court of Allahabad in W.P. No. 30875/2013 and the Hon'ble Court vide order dated 29th May 13 disposed the petition with liberty to petitioners to approach the NCTE for any such clarification. Based on the representations, the NCTE vide letter dated 25th September 2013 sought clarification from CBSE regarding the basis for declaring candidates with 82 marks as eligible. Based on the representations, the NCTE vide letter dated 25th September 2013 sought clarification from CBSE regarding the basis for declaring candidates with 82 marks as eligible. The CBSE in its reply dated 01st October 2013 stated the following:- As per NCTE guidelines out of 150 marks, 55% marks exactly becomes 82.5, which cannot be scored, therefore looking into the wider interest of the candidates and to ensure reasonableness and justness, 82.5 marks were rounded to 82 marks i.e. 54.67% treated as equivalent to 55% on rounding as the benefit of anomaly of impossibility of securing exactly 55%(82.5/150) marks in the examination, was given to the candidates. Therefore, the reserved category candidates, securing marks upto 82 are issued the Eligibility Certificates for CTET Nov 12 and onward examinations, applicable in KVS and Directorate of Education, Govt of NCT of Delhi in accordance with the relaxation granted to them. 7. Meantime, since no direction were issued by the NCTE, the affected candidates again approached the Hon'ble High Court of Allahabad vide W.P. No. 59978/2013 and the Hon'ble Court on 13th Nov 13 passed the following order:- Heard learned counsel for the petitioner, learning Standing Council for the State respondents are Sh. R.A. Akhtar, learned counsel representing respondent No. 4, NCTE. The petitioner No. 1 is a Scheduled caste candidate and petitioner No. 2 is a candidate belonging to OBC. For the TET examinations, 60% is the qualifying marks whereas for the reserved category candidates there is a relaxation of 5% marks. Thus for the petitioners it would be 55%. The TET question paper is of total 150 marks and 55% of 150 would be 82.5 marks. The questions in the TET examinations are of one mark each and therefore it is not possible that any candidate may secure 82.5 marks. The candidates who had scored 82 marks in TET examination and belonging to reserved category were held to be unqualified in the TET examination. According to them 82 marks out of 150 marks would amount of 54.67% and on rounding it to 55% and therefore they should be declared successful. It appears from the records that earlier similar matters have been referred to the NCTE for its views. NCTE in turn has written to the CBSE for its clarification on the above issue. Letter of the NCTE dtd. 25/09/13 has been filed as annexure 6 to the writ petition. It appears from the records that earlier similar matters have been referred to the NCTE for its views. NCTE in turn has written to the CBSE for its clarification on the above issue. Letter of the NCTE dtd. 25/09/13 has been filed as annexure 6 to the writ petition. From a perusal of the said letter also it appears that the CBSE with regard to the CTET-November, 2012 matters has provided that reserved category candidate with 82 marks may be treated to be qualified. Letter further mentions that in some of the States the view of the CBSE has been accepted whereas in other states it has not been accepted, which also include State of UP. The CBSE in its reply dtd 01/03.10.13 filed as part of the Annexure 6 to the writ petition has accepted that it has permitted the reserved category candidates securing 82 marks to be qualified in the CTET- November, 2012 and onward examinations. According to the learned counsel for the parties NCTE has not taken any final decision in the matter. Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent No. 4 to take an appropriate decision in the aforesaid pending matter within a period of two weeks from the date of production of certified copy of the order. 8. In view of the above, a Committee was constituted by NCTE to study the reply received by CBSE and recommend on the appropriateness of the interpretation of the relevant clause by CBSE. The Committee in its report stated as follow:- In view of the above, it seems reasonable to allow the benefit of the anomaly of impossibility (82.5 marks) in favour of SC/ST/OBC and differently abled persons, which will ensure 5% relaxation by just exceeding it to the tune of 0.33% in the considered view of this Committee all SC/ST/OBC and differently abled persons securing 82 marks or above out of 150 be declared eligible at the TET. 9. The said report of the Committee has been accepted and approved by NCTE; therefore the Govt. 9. The said report of the Committee has been accepted and approved by NCTE; therefore the Govt. of UP may take appropriate action accordingly." In view of the above, it seems reasonable to allow the benefit of the anomaly of impossibility (82.5 marks) in favour of SC/ST/OBC and differently abled persons, which will ensure 5% relaxation by just exceeding it to the tune of 0.33% in the considered view of this Committee all SC/ST/OBC and differently abled persons securing 82 marks or above out of 150 be declared eligible at the TET. 10. The said report of the Committee has been accepted and approved by NCTE; therefore the Govt. of UP may take appropriate action accordingly.” 19. A perusal of above referred letter of NCTE reveals the stand of CBSE as well the rationale to adopt the principle of rounding off marks in such peculiar situation for welfare of reserve category candidates. It was observed by the CBSE Board that as per NCTE guidelines out of 150 questions, 55% exactly becomes 82.5 marks which cannot be scored by candidates, therefore, looking into wider interest of candidates and to ensure reasonableness and justness, 82.5 marks were rounded to 82 marks i.e. 54.67% treated as equivalent to 55% of rounding of marks as benefit of anomaly of impossibility of securing exactly 55% (82.5 marks out of 150 marks) in the examination was given to candidates belong to reserve categories. The rule of rounding off is the method of equality, common sense and reasonableness which can be applied to make up the minimum credit. By applying the theory of rounding off the rule underlying is that if a part is one half or more, its value would be increased to one and if a part is less than half its value would be ignored. On facts of issue involved herein, 82 marks out of 150 marks would amount to 54.67% and therefore, on applying the method of rounding off, it comes equal to 55%, hence, in such peculiar situation and considering the situation of anomaly of impossibilities to score 82.5 marks by the candidate of reserve categories, out of 150 marks, as there is no scope for fragmentation of 1 mark into 0.5 mark, hence, CBSE Board adopted and followed the principle of rounding off to treat the 54.67% (82 marks), equivalent to 55% (82.5 marks). It was done in the larger interest and benefit of reserved category candidates and similar analogy was suggest to be followed by the NCTE as transpires from perusal of its letter dated 10.04.2014 extracted hereinabove. 20. The Hon’ble High Court of Allahabad, the Hon’ble High Court of Calcutta, have followed the principle of rounding off and accordingly State Governments of Uttar Pradesh and Tamil Nadu have also allowed to apply the theory of rounding off, in case of declaring candidates belonging to reserved category to pass TET on scoring 82 marks. 21. As far as the judgment of Apex Court in Bhanu Pratap (supra) referred by counsel for respondent-Board is concerned, in that case, petitioner sought for a writ of mandamus directing his appointment to the post of Judicial Officers, he was required to score 50% but he could obtain 49.8%, hence, he prayed to apply the principle of rounding off theory to make up his marks as 50% in aggregate requirement of minimum 50% marks mandated as per Rule 7, 8 of the Haryana Civil Services Judicial Branch Rule, 1951, therefore, in that backdrop of facts, the Supreme Court declined to grant relaxation to acquire the minimum marks by applying the theory of rounding off. The Supreme Court observed in para 17 that there is no power provided in the statute nor was any such stipulation made in the advertisement and also in statutory rules permitting any such rounding off or giving grace marks so as to bring up a candidate of minimum requirement. Hence, the Supreme Court opined that no such rounding off or relaxation was permissible. The ratio decidendi as expounded by the Supreme Court in case of Bhanu Pratap (supra) does not apply to facts in respect of issue involved herein, since the power of relaxation in scoring the minimum qualifying marks for TET stands vest and rest with the State Government and the NCTE in its guidelines have entrusted powers to appropriate Government to relax the minimum qualifying marks for reserved category candidates. Moreover, the issue has been said to be set at rest by the Apex Court in Civil Appeal No.3545-3549 of 2016 vide judgment dated 18.10.2016 as indicated in the order of State Government dated 16.12.2020. The NCTE itself in its letter dated 10.01.2014 has opined to apply the theory of rounding off in respect of the present matter in issue. Moreover, the issue has been said to be set at rest by the Apex Court in Civil Appeal No.3545-3549 of 2016 vide judgment dated 18.10.2016 as indicated in the order of State Government dated 16.12.2020. The NCTE itself in its letter dated 10.01.2014 has opined to apply the theory of rounding off in respect of the present matter in issue. Therefore, the judgment of Supreme Court in case of Bhanu Pratap (supra) does not prohibit respondents to apply the rule of rounding off marks due to anomaly of impossibilities to score 82.5 marks and as such petitioners and other candidates similarly situated, who belong to reserved category and appeared in REET- 2022 can be declared pass and issue REET pass certificate on scoring 82 marks and there is no legal embargo for respondents in doing so. 22. As far as the order passed by the Coordinate Bench of this Court at Principal Seat, Jodhpur in case of Ritesh Gamot Vs. State of Rajasthan: SBCWP No.962/2023 dated 23.01.2023, passed after adverting upon the decision of Division Bench in DB Special Appeal Writ No.348/2018: The Coordinator Vs. Chanchal Jalwaniya decided on 09.05.2019 as also upon the judgment of Hon’ble Apex Court rendered in case of State of U.P. Vs. Pawan Kumar Tiwari decided on 04.01.2005, that judgment talks about the non applicability of theory of rounding off marks in respect of candidates belonging to General/Unreserved category to whom minimum qualifying marks to pass the REET as 60% i.e. 90 marks out of 150 marks. In that case, the anomaly of impossibility to score 55% (82.5 marks out of 150 marks) did not arose, hence, while considering the applicability of theory of rounding off marks in respect of reserved category candidates, the analogy is entirely different as discussed hereinabove. 23. The issue may be examined from another angle that the idea behind laying down the NCTE guidelines for conducting TET was to bring about uniformity and certainty in standards and equality of education being imparted to students across the nation, however, it appears that at the time of laying down guidelines, taking note of the huge socio-economic disparity existing in the nation State-wise, powers were provided to the State Government/authorities to provide relaxation to candidates belonging to SC/ST, OBC, Differently Abled Persons etc. in accordance with the policy of Government. in accordance with the policy of Government. Such an enabling provisions of relaxation to Backward/Reserved Class candidates is obviously similar in the line with principles as enshrined in the Constitution to provide reservation, in order to uplift the background classes. The State Government in Rajasthan has extended 5% relaxation to secure minimum qualifying marks by the candidate of reserve category to declare pass REET, as transpires from the order dated 16.12.2020 issued by the Government of Rajasthan, Primary Education Planning Department. Thus, when it comes to light that it is impossible for a reserve category candidate to score minimum 55% (82.5 marks), then in such eventuality and anomaly of impossibility, it would not be unjust to apply the rule of rounding off which is a principle of common sense, justness and reasonableness, in order to ensure to extend the benefit of relaxation of 5% to the reserved category candidates to declare them pass in REET- 2022. Therefore, case of petitioners stands right on the rationale and legal basis as well as finds support of judicial proposition of law as expounded by the Calcutta High Court in case of Mehebul Mondal (supra) discussed hereinabove. Petitioners and all similarly situated candidates may not be treated discriminately than the candidates who have appeared in TET examination in other States of Haryana, Uttar Pradesh and Tamil Nadu as well as under the CBSE Board, more so when there is no adverse or contradictory reservation policy in the State of Rajasthan. The stand of NCTE opined in its letter dated 10.01.2014, extracted hereinabove, is applicable for all candidates including writ petitioners who have appeared in the REET- 2022 being similarly situated persons. Article 14, 15(1) and 16(1) of the Constitution of India supports case of petitioners on the ground of equality to claim the same benefit on parity and not to discriminate on the place of birth/resident, more so when the NCTE guidelines is common for TET in entire nation. 24. In addition to above, this Court finds it appropriate to deal with the action of respondents, in respect of issuance of corrigendum advertisement dated 23.12.2022 through the Selection Board, allowing to apply/participate all candidates in rem, whosoever belongs to reserve category of SC/ST, OBC, MBC and EWS and have scored 82 marks in REET 2022, in the recruitment examination for the post of Teacher Grade III Level I and Level II. It is true that this corrigendum advertisement was issued, in furtherance to order dated 15.12.2022 passed by the High Court in SBCWP No.18716/2022, and participation of candidates has been kept subject to final outcome of writ petitions, however, it may not be oversight that at one hand the State has permitted all candidates of reserve category, who have secured 82 marks in REET- 2022 to apply and participate in the recruitment examination of Teacher Grade III for Level I and Level II, conducted through Selection Board, whereas on the other hand, has not taken any final decision at its own level in the interest of candidates of reserve categories, the interest of candidates of reserve categories, as has been taken by the Central Government and other State Governments of Haryana, Tamil Nadu and Uttar Pradesh etc. Due to such action/inaction on the part of State authorities, the candidature of petitioners and other similarly situated persons has come on stake. They have been permitted to participate in the recruitment examination applying the order of High Court in rem, but have been left in mid of the process of recruitment in lurch, depending on decision by the High Court. The State is under its legal obligation to take a decision, in respect of issue under consideration in the benefit of all candidates of reserve category and cannot act with candidates, arbitrarily after giving them a chance to participate in the recruitment process. 25. This Court has already reached to the conclusion that candidates belonging reserved category of SC/ST, OBC, MBC and EWS including writ petitioners who have scored 82 marks in REET2022 are entitled to be declared pass and for issuance of REET pass certificate, therefore, this Court does not think it necessary to discuss the effect of publishing the corrigendum advertisement in light of principle of aprobate and reprobate in more depth and extensive manner. It is suffice to observe that by declaring writ petitioners and other similarly situated persons, as REET 2022 pass and eligible for consideration of their candidature for appointment on the post of Teacher Grade III Level I or Level II on merits, same would not affect the interest and right of any third party in any manner at this stage of recruitment. At the cost of repetition, it may be observed that REET is only an eligibility test which permits candidates to participate in the recruitment process and merits for the purpose of recruitment, would be assessed according to marks, scored in the recruitment examination. Moreso, it is within the domain of the State Government to issue directions to its nodal agency, the Board of Secondary Education, Ajmer in respect of declaring all candidates belonging to reserved class category to pass in REET- 2022 whosoever have scored 82 marks. Thus, there would be no question of any discrimination or disparity among the similarly situated candidates with the writ petitioners. This Court is of the opinion that the writ petitioners are entitled to be declared pass in REET- 2022 on scoring 82 marks and the Government of Rajasthan is also required to advert its attention over the issue being a welfare State and in the benefit and larger interest of candidates belonging to reserved category, REET pass certificate be ordered to be issued in favour of candidates of reserved category belonging to SC/ST, OBC, MBC and EWS on scoring 82 marks. Accordingly, the question that was framed hereinabove is answered in affirmative terms. 26. In few of writ petitions, one SBCWP No.15541/2022, petitioners have sought to assail the applicability of procedure of normalization adopted by the Board to scale raw marks of candidates. On behalf of Board, it has been urged that the formula of normalization has been adopted in order to bring the equal playing level filed for all candidates who appeared in REET- 2022, Level II in three different shifts on 23.07.2022 and 24.07.2022 in consonance to Clause 7.10 of the advertisement dated 12.04.2022 and while applying the normalization procedure, uniformly with all candidates raw marks of none of candidates have been scaled, hence, petitioners have not been suffered adversely nor have been discriminated. The issue of applicability of normalization procedure in the REET- 2022 Level II has already been considered and decided in favour of Board after following the judgment of Apex Court in case of State of Uttar Pradesh Vs. Atul Kumar Dwivedi [ AIR 2022 SC 973 ] by this Court in bunch of writ petitions lead case as SBCWP No.19364/2022: Ashutosh Jangid Vs. State of Rajasthan decided on 13.07.2023, hence, the judgment dated 13.07.2023 shall govern the issue of normalization in these writ petitions as well. Atul Kumar Dwivedi [ AIR 2022 SC 973 ] by this Court in bunch of writ petitions lead case as SBCWP No.19364/2022: Ashutosh Jangid Vs. State of Rajasthan decided on 13.07.2023, hence, the judgment dated 13.07.2023 shall govern the issue of normalization in these writ petitions as well. Accordingly, the challenge to applicability of normalization procedure in REET- 2022 eligibility test is rejected accordingly. 27. This Court has discussed the issue came up before this Court in this batch of writ petition, extensively while exercising its powers under Article 226 of the Constitution of India, in the interest of justice as well as with an aim to mitigate further litigation at the hand of other similarly situated candidates like writ petitioners, deems it just and proper to pass following directions:- (a) Writ petitioners who allegedly belongs to reserve category i.e. of SC/ST, OBC, MBC and EWS and who have scored 82 marks out of 150 marks in REET-2022 are entitled to be declared pass and for issuance of REET pass certificate in favour of each petitioner. (b) Writ petitioners who have participated in the recruitment process for appointment on the post of Teacher Grade III Level I and Level II pursuant to advertisement 2022 issued by the Rajasthan Staff Selection Board and have qualified the written examination of their respective level (Level I or Level II) will be considered for appointment on merits treating them as REET- 2022 pass. (c) The Government of Rajasthan, Education Department is directed to take up the issue in respect of candidates belonging to reserved categories to declare them pass on securing 82 marks, qua minimum requirement of 82.5 marks out of 150 marks in REET- 2022 by applying the rule of rounding off of marks and by taking into consideration observations made by this Court in the above paras the judgment as well as taking into consideration view of NCTE in the letter dated 10.01.2014 of the NCTE extracted hereinabove and the decision be taken forthwith preferably within a period of 30 days in the beneficial interest of candidates belonging to reserve category. 28. The challenge to normalization process adopted by the Selection Board is hereby rejected. 29. All writ petitions stand disposed of with the aforesaid directions. 30. Stay applications and other pending applications, if any, also stand disposed of.