R.K. Gulati, J. - (1.) The petitioner, Pawan Kumar Singh, has sought mandamus directing the Madhyamik Shiksha Parishad (respondent No. 1) to issue mark-sheet with regard to High School Examination of the year 1983, in which the petitioner appeared from Janta Uchchtar Madhyamik Vidyalaya, Hardoieya, Faizabad with roll No, 583285.
(2.) When the petitioner's result of the year 1983 of High School Examination was announced he was declared absent in two subjects, i. e. English I Paper and Sanskrit II Paper. The petitioner thereafter approached the Parishad as well as Principal of the centre from which he appeared asserting that he appeared in all the subjects and that he had been wrongly shown absent in the aforesaid two subjects. The Principal of the centre vide letter dated 28-6-83 informed the Parishad that the petitioner had appeared in all the papers. After this letter, the petitioner's mark-sheet was issued in all the subject, excepting Sanskrit II Paper. Thereafter an enquiry was started in the year 1988 for finding as to whether the petitioner had appeared in Sanskrit II Paper in the examination aforesaid. This enquiry was pending when the petitioner approached this Court for issue of mandamus directing the Parishad to declare him passed and to issue mark-sheet. Now the predicament is that from the papers in the possession of the Parishad it appears that the petitioner had not appeared in Sanskrit II Paper. In support of the petitioner's case, not only his averment made in the writ petition but the copy of the letter sent by the Principal of the centre to the Parishad stating that the petitioner had appeared in all the subjects were relied.
(3.) From paragraph 16 of the counter affidavit it appears that on the own case of the Parishad the record had been weeded out and that the Parishad/Board was not in a position to find whether the petitioner had appeared in Sanskrit II paper or not. In view of the above, it appears expedient to us that the Parishad or the Board may award the same marks to the petitioner in Sanskrit II Paper, as the petitioner got in Sanskrit I Paper. Thereafter assign his division and declare the result, within two months from the date of presentation of the certified copy of the judgment. With the above directions, the writ petition is disposed of. Petition disposed of.;