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2024 DIGILAW 2 (MP)

Er. Yogesh v. All India Council for Technical Education (AICTE)

2024-01-02

RAVI MALIMATH, VISHAL MISHRA

body2024
ORDER 1. The present petition has been filed seeking the following reliefs :- "7.1. The Hon'ble Court may be pleased to issue a Writ in the nature of Certiorari the Hon'ble Court be pleased to quash the impugned order Annexure P/7 (Item No.3) and direct production of OMR sheets and/or other examination papers before the Hon'ble Court to get them rechecked and revalued to do justice to the petitioner in the changed circumstances, as described above. In respect of theory papers, OMR sheets are given to the petitioner to answer whereas in respect of practical, he is required to write answers in his own hand with respect to two papers out of 15 and 25 marks and only 10 marks are for viva voce. 7.2. The Hon'ble Court may be pleased to issue a writ of Mandamus against the respondent No.1 and 2 to revalue or recheck the answer papers of theory and practical papers of examination conducted on June, 2018 and December, 2018. 7.3. The Hon'ble Court may further be pleased to direct the respondent No.1 for considering the case for granting of grace marks keeping in view the long experience in the profession and the present performance of valuation work for dif erent Banks which have tested the ability of the petitioner in the said work for the last 16 years or more. 7.4. The Hon'ble Court may also please to issue direction to the respondent No.1 to consider representation of the petitioner dated 14.3.2019 (P/18) for considering 35% aggregate marks as against 40% in the light of direction issued by the Hon'ble Supreme Court of India in writ petition (Civil) No.952 of 2018. 7.5 Any other relief which this Hon'ble Court deems fit and proper be also granted together with awarding of cost of these proceedings." 2. It is argued that similar issue came up for consideration before various High Courts and recently before the High Court of Delhi in W.P.(C) 9628 of 2019 (Manoj Kumar and others Vs. All India Council for Technical Education (AICTE)) wherein vide order dated 3.8.2023 by accepting the arguments and applying the principles of rounding off the marks which were obtained by the petitioner were rounded off and their petitions were allowed. In the present case, the petitioner was awarded 39.5% of marks. All India Council for Technical Education (AICTE)) wherein vide order dated 3.8.2023 by accepting the arguments and applying the principles of rounding off the marks which were obtained by the petitioner were rounded off and their petitions were allowed. In the present case, the petitioner was awarded 39.5% of marks. He submits that the same principles be made applicable to his case and the benefit of judgment passed in the case of Manoj Kumar (supra) be also extended to the petitioner. 3. Learned counsel appearing for the respondents could not dispute the fact that several High Courts have considered the issue and applied the principles of rounding off and extended the benefits. He fairly submits that the judgment passed in the case of Manoj Kumar (supra) is squarely applicable to the case of the petitioner. 4. Under these circumstances, this petition is disposed off in similar terms applying the principles of rounding off. The petitioner be extended the benefit of rounding off and be considered to have obtained 40% marks as has been done in the case of Manoj Kumar (supra). 5. The petition is accordingly disposed off.