MADHYA PRADESH HIGH COURT ISSUES ORDER SANYOG GARG V/S THE STATE OF MADHYA PRADESH AND OTHERS

JABALPUR, India, Sept. 24 -- Madhya Pradesh High Court issued the following judgment/order on Aug. 25:

1. The petitioner impugns clause 2.9(A) and 2.9 (B) of the advertisement for recruitment of Prathmik Shikshak Ke Liye Sanyukta Patrata Pariksha, 2024 on the ground that rounding off is not provided.

2. Advertisement was issued by the M.P. Employees Selection Board, Bhopal for recruitment to the post of Primary School Teacher Eligibility Test, 2024. Note below clause 2.9(B) of the advertisement specifically provides that the marks awarded will be calculated up to 2 decimal and no rounding off shall be permitted. Petitioner appeared in the examination, where the maximum marks were 150 and petitioner secured proportionate marks 84.82 which was normalized to 89.61. The minimum qualifying marks is 90. Since the petitioner failed to secure the minimum qualifying marks of 90. Petitioner was declared unsuccessful.

3. Petitioner contends that the normalized marks of petitioner of 89.61 should be rounded off to 90 to make the petitioner eligible in the examination.

4. We are unable to accept the contention of the learned counsel for the petitioner for the reasons that the advertisement specifically provides that the marks shall be given calculated up to 2 decimal and no rounding off marks is permissible. Petitioner participated in the examination without any demur and as such after having participated without a challenge and being unsuccessful, petitioner can not be permitted to challenge the eligibility condition prescribed in the advertisement. Since the advertisement specifically provides that there shall be no rounding off to the higher figures, petitioner cannot claim rounding off to 90 from the secured marks of 89.61.

5. We may also note that the subject formula for normalization was challenged unsuccessfully before this Court in W.P.No.20290/2019 titled Pushpendra Burman and Others Vs. State of M.P. and Others and challenge was negated by judgment dated 29.11.2019. A similar challenge to an identical provision was unsuccessful before the Supreme Court in the case of Vikas Pratap Singh Vs. State of Chhattisgarh, (2013) 14 SCC 494.

6. In view of the above, we find no merit in the petition. Consequently, the same is dismissed.

Disclaimer: Curated by HT Syndication.