Sk. Ruby Vs. the University Calcutta and ors.

Sk. Ruby vs The University Calcutta and ors.

Type Court Judgment Court Kolkata Decided Aug 16, 2010

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https://sooperkanoon.com/case/906003

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Citation: sooperkanoon.com/906003
Court: Kolkata High Court
Judge: Aniruddha Bose, J.
Decided On: Aug 16, 2010
Case Number: WP No. 858 of 2010
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Sk. Ruby

Advocate Mr. N.Chatterjee, Adv.

Respondent

The University Calcutta and ors.

Advocate Dr.S.Chakrabarti ; Dr. S.K.Patra ; Mr. Rajib Basak, ; Mr. Pradip Kumar Mondal, Advs.

Excerpt

.....submits that in the event a candidate obtains marks in fragment decimals which is more than .5, then the marks obtained by him ought to be rounded up to the next whole number. in the present case, however, the last date for submission of forms is over but the interview process is still left to be concluded. in these circumstances, i am of the view that the petitioners case may be considered by the learned vice chancellor, university of calcutta and if he finds that the sole reason for not accepting the petitioners form is failure on her part to meet the requisite marks in the honours subjects in the degree course and she has actually obtained 49.9% marks in the honours subjects, then the learned vice chancellor shall consider her case, ignoring the fact that the last date of filing the form is over, applying the established norm of mathematics so far as computation of decimal in fragment is concerned. till such decision is taken by the learned vice chancellor, the concerned college shall keep one seat vacant and after such decision is taken, the vacancy shall be dealt with in accordance with such decision. the writ petition is disposed of accordingly. since the writ petition is being disposed of without calling for any affidavits, the allegations made in the writ petition shall be deemed to have not been admitted. there shall, however, be no order as to costs. parties are to act on a photostat signed copy of this order on the usual undertaking.

Full Judgment

THE COURT : The writ petitioner intends to get admitted to B.Ed. course being conducted by the University of Calcutta. The eligibility stipulations for admission to this course provides that a candidate has to obtain 50% marks in aggregate at the graduation level from the University of Calcutta or any other recognised University.

The writ petitioner has not been accepted for admission to the said course as she has failed to obtain the requisite percentage of marks in Honours subjects. According to the writ petitioner, she had obtained 49.9% in the Honours subjects. Learned counsel appearing for the petitioner submits that in the event a candidate obtains marks in fragment decimals which is more than .5, then the marks obtained by him ought to be rounded up to the next whole number.

In the present case, however, the last date for submission of forms is over but the interview process is still left to be concluded. In these circumstances, I am of the view that the petitioners case may be considered by the learned Vice Chancellor, University of Calcutta and if he finds that the sole reason for not accepting the petitioners form is failure on her part to meet the requisite marks in the Honours subjects in the degree course and she has actually obtained 49.9% marks in the Honours subjects, then the learned Vice Chancellor shall consider her case, ignoring the fact that the last date of filing the form is over, applying the established norm of mathematics so far as computation of decimal in fragment is concerned. Till such decision is taken by the learned Vice Chancellor, the concerned College shall keep one seat vacant and after such decision is taken, the vacancy shall be dealt with in accordance with such decision. The writ petition is disposed of accordingly.

Since the writ petition is being disposed of without calling for any affidavits, the allegations made in the writ petition shall be deemed to have not been admitted. There shall, however, be no order as to costs. Parties are to act on a photostat signed copy of this order on the usual undertaking.

Same Court & Year Kolkata · 2010 Same Parties Sk. Ruby vs The University Calcutta and ors. Same Subject Land Acquisition Same Judge Aniruddha Bose, J.