- (1.) Rule 3.4(a) laid down in the Information Brochure JEM-2012, issued by the West Bengal Joint Entrance Examination Board, provides as follows:- "For all the courses except B. Arch, Marine Engineering and B. Pharmacy: General candidates must pass H.S. (10+2) or its equivalent examination with a minimum of 45% marks in Physics, Chemistry and Mathematics taken together (40% for SC/ST candidates) and with at least 30% marks in English (for all category of candidates) with individual pass marks in Physics, Chemistry, Mathematics, English and vernacular (for any other fifth subject)." It is not in dispute that the writ petitioner is a general category candidate and he obtained 44.6% marks in aggregate in the Science group. It is also an admitted fact that his rank in the engineering stream is 1905. The question which arises for determination is whether applying the principle of rounding off the petitioner can be deemed to have obtained the minimum 45% marks required by the aforesaid rule.
(2.) The petitioner has relied upon a judgment of the Apex Court in the case of State of U.P. & Anr. Vs. Pawan Kr. Tiwari & Ors., 2005 2 SCC 10 wherein Their Lordships dealing with the question as to how many seats should be deemed to have been left for the general category applicants out of the total 93 seats opined as follows:- "The rule of rounding off based on logic and common sense is: if part is one-half or more, its value shall be increased to one and if part is less than half then its value shall be ignored. 46.50 should have been rounded off to 47 and not to 46 as has been done. If 47 candidates would have been considered for selection in general category, the respondent was sure to find a place in the list of selected meritorious candidates and hence entitled to appointment."
(3.) The respondents namely WBJEEB in its affidavit-in-opposition contended that "the principle of rounding off has never been applied in cases of granting marks to enable a candidate to qualify in a competitive examination where the rules clearly and unambiguously state that he/she will be disqualified if he/she does not obtain the specified marks in the qualifying examination". They have also relied upon a judgment in the case of Orissa Public Service Commission & Anr. Vs. Rupashree Chowdhary & Anr., 2011 8 SCC 108 wherein Their Lordships opined that such rounding off was not permissible regard being had to the rules. To be precise the views expressed by Their Lordship in paragraphs 9 and 10 are as follows:- "The appointment to the post of Civil Judge (JD) under the Orissa Judicial Services is guided by the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 and Rule 24 thereof specifically deals with the criteria for determining of candidates for interview. Rule 24 reads thus:- "24. Determination of number of candidates for interview.-The Commission shall call the candidates for interview who have secured not less than forty-five per centum of marks in aggregate and a minimum of thirty-three per centum of marks in each paper in the main written examination.";