Delhi High Court has granted relief to a Petitioner to apply for Judge Advocate General (JAG) exam by rounding off his marks to meet the eligibility cut-off. The court directed the Central Government to allow the Petitioner to apply again for the said exam with the rounded off figure.
In Ajay Singh v. Union of India, the Petitioner wanted the court to issue directions to the Central Government to allow him to be called for an interview for the Judge Advocate General (JAG) Branch of the Indian Army by treating 54.95% marks obtained by him in the LL.B.Examination as 55. According to the Petitioner, a difference of a mere 0.05% should not prevent him from applying for the JAG Branch of the Indian Army.
The court allowed the claim of the Petitioner and rounded-off his marks by relying upon State of U.P v. Pawan Kumar Tiwari (2005) 2SCC 10 in which the apex court had held that:
'The rule of rounding off based on logic and common sense is:if a part is one half or more, its value shall be increased to one and if a part is less than half then its value shall be ignored.'
While rounding off the marks of the Petitioner in order to make him eligible for JAG, the Division Bench of Justice S Muralidhar and Justice Talwant Singh also directed the government to either open an online portal to enable the Petitioner to fill up the form by indicating the percentage of marks obtained by him as 55 or permit the Petitioner to submit his application manually indicating the percentage of the marks obtained in the LL.B.degree as 55%.
The Petitioner was represented by Advocate Pranay Jain and Advocate Ajay Singh Berwal
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