Madhya Pradesh High Court
Sabnam Khan vs The State Of Madhya Pradesh on 26 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 26 th OF OCTOBER, 2023
WRIT APPEAL No. 1475 of 2023
BETWEEN:-
1. SABNAM KHAN W/O MOHAMMAD AZEEM, AGED
ABOUT 42 YEARS, OCCUPATION: UNEMPLOYED
R/O COMPANY BAG, OPPOSITE THE MOSQUE,
WARD NO 40, RAGHURAJNAGAR, SATNA
(MADHYA PRADESH)
2. SOOBHI JAIN D/O SHRI RAJKUMAR JAIN, AGED
ABOUT 33 YEARS, OCCUPATION: UNEMPLOYED
R/O WARD NO. 11, KASTOM PATH SIRONJ,
DISTRICT VIDISHA (MADHYA PRADESH)
3. NEPAL SINGH BHAYDIYA S/O SHRI ABER SINGH
BHAYDIYA, AGED ABOUT 34 YEARS,
OCCUPATION: UNEMPLOYED R/O AMBAKHEDI,
DISTRICT ALIRAJPUR (MADHYA PRADESH)
4. AKASH BHAGAT S/O DEEPAK CHAND BHAGAT,
AGED ABOUT 34 YEARS, OCCUPATION:
UNEMPLOYED R/O KESHAR BAG COLONY,
GREEN RATIMALI, DISTRICT JHABUA (MADHYA
PRADESH)
5. PRINCE GUPTA S/O ARUN KUMAR GUPTA, AGED
ABOUT 32 YEARS, OCCUPATION: UNEMPLOYED
R/O WARD NO.5, BYPASS ROAD, KANCHANPURA,
NIWARI, DISTRICT TIKAMGARH (MADHYA
PRADESH)
6. RITA THANKUR W/O SANJAY THAKUR, AGED
ABOUT 44 YEARS, OCCUPATION: UNEMPLOYED
R/O SULTAN SADAN, SINGHPUR ROAD,
MANGALAM MART, MORAR , DISTRICT
GWALIOR (MADHYA PRADESH)
Signature Not Verified
7. MADHU BHASKAR D/O JAIRAM BHASKAR, AGED
Signed by: SHALINI
LANDGE
Signing time: 10/27/2023
12:24:05 PM
2
ABOUT 29 YEARS, OCCUPATION: UNEMPLOYED
R/O DOHUR MOHALLA, DISTRICT SEHORE
(MADHYA PRADESH)
8. KULDEEP PACHORI S/O GULAB SINGH, AGED
ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED
R/O PREMNAGAR GOURA KHURD, PARGATI GALI
NO.3, MORENA , DISTRICT MORENA (MADHYA
PRADESH)
9. MAMTA JOSHI W/O NITIN JOSHI, AGED ABOUT 40
YEAR S , OCCUPATION: UNEMPLOYED R/O 190,
KRISHNA DHAM COLONY, DEPALPUR, INDORE
(MADHYA PRADESH)
10. DHEERAP SINGH S/O GYARGIRAM SINGH, AGED
ABOUT 39 YEARS, R / O MUSLI NARSINGHARH,
RAJGARH (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI ANSHUMAN SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE DIRECTOR, DIRECTORATE OF PUBLIC
IN S TR UCTION GAUTAM NAGAR , BHOPAL
(MADHYA PRADESH)
3. THE DIRECTOR, MADHYA PRADESH EMPLOYEE
SELECTION BOARD, CHINAR PARK, BHOPAL
(MADHYA PRADESH)
4. SULEKHA DOHERE D/O SHRI GYANENDRA
KUMAR DOHERE, AGED ABOUT 35 YEARS,
OCCUPATION: UNEMPLOYED R/O UNAB ROAD ,
DATIYA (MADHYA PRADESH)
5. LALITA JANBANDHU W/O NATHU LAL
JANBANDHU, AGED ABOUT 38 YEARS,
OCCUPATION: UNEMPLOYED R/O JAMUNIYA
KALA, BICHHUA, DISTRICT CHHINDWARA
(MADHYA PRADESH)
6. PRATIBHA SHRIVASTAVA W/O SUNIL
SHRIVASTAVA, AGED ABOUT 46 YEARS,
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 10/27/2023
12:24:05 PM
3
OCCUPATION: UNEMPLOYED R/O DISTRICT
SAGAR (MADHYA PRADESH)
7. VEENA KHEDE W/O NITIN KHEDE, AGED ABOUT
43 YEARS, OCCUPATION: UNEMPLOYED R/O
SHRINAGAR COLONY, MANDLESHWAR,
DISTRICT KHARGONE (MADHYA PRADESH)
8. SATENDRA KUMAR AHIRWAR S/O MUKUNDI LAL
AHIRWAR, AGED ABOUT 36 YEARS, OCCUPATION:
UNEMPLOYED R/O 175, TAKHA MAJRA,
TIKAMGARH (MADHYA PRADESH)
.....RESPONDENTS
(SHRI B.D. SINGH - DEPUTY ADVOCATE GENERAL FOR RESPONDENTS
NO.1 AND 2 AND SHRI RAHUL DIWAKAR - ADVOCATE FOR
RESPONDENT NO.3)
This appeal coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
Assailing the order dated 05.07.2023 passed by the learned Single Judge
in dismissing the Writ Petition No.11169 of 2023, the writ petitioners no.1, 2, 4,
5, 6, 8, 9, 11 ,13 and 14 therein are in appeal.
2. The case of the writ petitioners is that after normalization of their marks,
they were awarded 0.5% marks less than the cut off marks for all the
petitioners. Therefore, the instant petition was filed to direct the respondents to
declare the petitioners as qualified ostensibly by granting of the marks by which
they did not achieve 75% marks which was the cut off. Learned Single Judge
rejected the petition by relying on the judgment of the Division Bench of this
Court in the case of Bhupendra Kumar Dubey Vs. State of M.P. and Others in
Writ Petition No.1977 of 2020.
3. Be that as it may, we are of the view that primarily we have our own
doubts with regard to the right of the writ petitioners to seek for a writ of
mandamus for marks to be rounded off. We do not think that a writ of
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 10/27/2023
12:24:05 PM
mandamus would lie for this purpose. Secondly, we do not find any source of
right which the petitioners could claim for more marks than what have been
awarded to them. When the authorities have fixed a cut off for a particular exam
then that should be interpreted strictly. We do not find that granting of grace
marks or rounding off or by whatever terminology it may be called, to be
appropriate in the given facts and circumstances of the case. Hence, we find no
good ground to interfere in the order passed by the learned Single Judge.
4. Accordingly, the writ appeal is dismissed. Pending interlocutory
application stands disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Sha
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 10/27/2023
12:24:05 PM
