Citation : 2026 Latest Caselaw 5115 P&H
Judgement Date : 22 May, 2026
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
120
CWP-16194-2026
Date of decision : 22.05.2026
Prinka Choudary ....Petitioner
V/S
State of Punjab and others ....Respondents
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Parvesh K. Saini, Advocate with
Mr. Ashutosh Bhardwaj & Mr. Budhadev Maity,
Advocates for the petitioner.
****
NAMIT KUMAR, J. (ORAL)
1. The petitioner has filed the instant petition under Articles
226/227 of the Constitution of India, seeking issuance of a writ of
certiorari for quashing the action of the respondent-department in not
considering the petitioner on the post of Special Educator Teacher
(Primary Cadre), particularly keeping in view the fact that the petitioner
has been an exemplary in academics and secured 69% marks in D.ED.,
60% marks in PSTET-1 and Graduation with 44.94% (45% after
rounding off). Further, seeking issuance of a writ of mandamus directing
the respondent-department to appoint the petitioner on the abovesaid
post and to grant her all notional and consequential benefits from the
date on which her counterparts, who were lower in merit, were
appointed.
2. As per the advertisement dated 21.07.2025, the prescribed
qualification for the post of Special Educator Teacher (Primary Cadre)
(Group-C) was Graduation in any stream from a recognized University
with minimum 45% marks in the case of SC/ST/OBC/Physically
Handicapped candidates. The petitioner, who applied under the BC
category, secured 44.94% marks in Graduation. Since she fell short of
the prescribed eligibility criterion by 0.06%, her candidature was not
considered by the respondents for the said post. Aggrieved thereby, the
petitioner has approached this Court seeking a direction to the
respondents to round off her marks from 44.94% to 45% so as to make
her eligible and enable her selection to the aforesaid post.
3. It is a settled proposition of law that rounding off marks is
not permissible in law. Reference in this regard can be made to the
judgments passed by Hon'ble Supreme Court in Orissa Public Service
Commission and another Vs. Rupashree Chowdhary and another :
2011 (4) SCT 49; Bhanu Pratap Vs. State of Haryana and others :
2011(4) SCT 67 and The Registrar, Rajiv Gandhi University of Health
Sciences, Bangalore Vs. G. Hemlatha and others : 2012 (4) SCT 157,.
4. In view of the above, there is no merit in the present
petition and the same is hereby dismissed.
22.05.2026 (NAMIT KUMAR) kothiyal JUDGE
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
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