Madhya Pradesh High Court
Er Yogesh vs The All India Council For Technical ... on 2 January, 2024
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
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 2 nd OF JANUARY, 2024
WRIT PETITION No. 7581 of 2019
BETWEEN:-
ER YOGESH S/O LATE SHRI DAMODARJI DUBEY, AGED
ABOUT 56 YEARS, OCCUPATION: ENGINEER R/O 148-B
SAIBAG COLONY LIMBODI KHANDWA ROAD INDORE
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI UDAYAN TIWARI - ADVOCATE)
AND
1. THE ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN
SHRI ANIL SAHASTRABUDDHE NELSON
MANDELA MARG, VASANT KUNJ, NEW DEHLI
(DELHI)
2. MOULANA AZAD NATIONAL INSTITUTE OF
TECHNOLOGY THROUGH ITS HOD SHRI S. K.
KATIYAR (CIVIL ENGINEER) LINK ROAD NO.3,
NEAR KALI MATA MANDIR, DISTRICT BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI ASHOK KUMAR CHOURASIA - ADVOCATE FOR RESPONDENT
NO.1)
This petition coming on for admission this day, Hon'ble Shri Justice
Vishal Mishra passed the following:
ORDER
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 different 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
14.03.2019 (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 03.08.2023 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.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM
