Order : 1. The grievance of the petitioner arises out of the provisional selection list dated 07.10.2023 (Annex.10) and the final selection list dated 06.12.2024 (Annex.12), in which the petitioner’s name has been excluded by not granting the benefit of the Notice/Circular dated 30.11.2023. 2. Heard. 3. After hearing the rival arguments, I am of the prima facie view that the petitioner deserves to be given the benefit of the Notice/Circular dated 30.11.2023 issued by the Central Board of Secondary Education, which reads as follows: “NOTICE CALCULATION OF PERCENTAGE OF CLASS X & XII The CBSE is receiving requests from various person to intimate the criteria for calculating the percentage of the students in the Board’s examination. In this regard, it is informed that the sub-section 40.1 (iii) of Chapter-7 of the Examination Bye-Laws stipulate that:- No overall division/distinction/aggregate shall be awarded. Also, if a candidate has offered more than 5 subjects, the decision to determine the best 5 subjects may be taken by the admitting institution or employer. Further, it is informed that the Board does not calculate/declare/inform percentage of marks. If the percentage of marks is required for higher education or in employment the calculation, if any, may be done by admitting institution or employer..” 4. A perusal of the aforesaid notice/circular clearly indicates that a candidate must be given the benefit of his best five subjects, in case he has undertaken examinations of more than five subjects in his Higher Secondary Examination. 5. In the present case, the petitioner opted for six subjects, including Physics and Physical Education. In Physics, the petitioner obtained 49 marks, whereas in Physical Education, he has been awarded 82 marks. 6. As per the interpretation of the aforementioned clause, the best five subjects must be determined on the basis of marks obtained by the candidate. Accordingly, the subject with the lowest marks (Physics) should be excluded, and the percentage should be calculated based on the best five subjects as per marks sheet. 7. Consequently, the petition is disposed of with a direction to the respondents to decide the petitioner’s pending representation (Annex.10) after calculating the percentage, granting the petitioner due benefit in accordance with his performance in the best five subjects. 8. Until a decision is made on the pending representation, one post in the category for which the petitioner applied shall not be filled-up. 9. 8. Until a decision is made on the pending representation, one post in the category for which the petitioner applied shall not be filled-up. 9. As one post has been reserved, it is expected that the competent authority will take a decision on the pending representation as expeditiously as possible.