M.C.TRIPATHI,J. - (1.) State of U.P. through Principal Secretary, Education (Secondary), Government of UP, Lucknow and two others are before this Court assailing the judgment and order dated 8.1.2016 passed by learned Single Judge of this Court in Writ C No.64298 of 2014 (Mohammad Afzal v. State of U.P. and 3 others) wherein he has proceeded to allow the writ petition with direction to the respondents-appellants to issue a fresh marks-sheet of the Intermediate Examination-2013 to the petitioner-respondent with roll no.2110478 and his name and the particulars of his parents on it within a period of six weeks.
(2.) Brief background of the case is that the petitioner-respondent appeared and passed the High School Examination-2000 conducted by the National Open School, New Delhi. Thereafter he had taken admission in J.K. Singh M.I.C.N. College, Sammopur, Azamgarh in Class XI as regular student and filled up his examination form for Intermediate Examination-2013. He was issued an admit card with roll no.2110478 to appear in the Intermediate Examination-2013. He appeared in the said examination and the result was declared in which he was shown as passed in First Division. However, the petitioner-respondent was issued marks-sheet bearing the above roll number but mentioning his name as 'Indralesh' instead of 'Mohammad Afzal'. Consequently, he approached the respondents-appellants for providing correct copy of the mark sheet. When no heed was paid by the respondents-appellants, he had approached this Court by preferring Writ C No.64298 of 2014 for a direction to the respondents to issue him a correct marks sheet of Intermediate Examination-2013 and learned Single Judge had proceeded to allow the writ petition with following observations:- "Be as it may be, the petitioner was a bona fide student of the college concern. His examination form was duly accepted by the Board and he was allotted roll no.21100478. He appeared in the Intermediate Examination - 2013 with the above roll number. The said roll number is not allotted to anyone else. Therefore, in all legal proprietary he is entitle to be issued marks-sheet of Intermediate Examination - 2013 with the above roll number and showing his name correctly with all other correct particulars relating to him. The Board cannot deny issuance of the marks-sheet to the petitioner with the aforesaid roll number for any reason. The Board itself had issued marks-sheet to the petitioner with the above roll number meaning thereby that the Board had no reservation in issuing marks-sheet with the above roll number. The only thing which the petitioner wants is that in the said marks-sheet in place of Indralesh his name and particulars of his parents/father be mentioned correctly. The Regulations provide for registration in class XI and then for taking examination of intermediate but they do not provide that a student who has not applied for pre-registration in class - XI shall if allowed to appear in the intermediate examination his examination shall be cancelled and would not be entitle to declaration of result. If it would have been so the Board instead of issuing marks-sheet with the said roll number would at that stage itself have refused to declare the result of the petitioner and have ordered for cancellation of his examination. However, this was not done and the Board proceeded with declaration of the result as well as issuance of the marks-sheet. Once the Board has accepted the candidature of the petitioner despite the fact that he had not got himself registered in class IX, the Board is bound not only to declare his result but to declare it correctly. The pre-registration No.2277186 used by the petitioner for submitting his examination form was allotted to one another student Nitesh Kumar Chandra. The said student had appeared in the examination with roll no.2110494. His result with the above roll number has been declared and there is no dispute with regard to his result. According to the Board, there is no student named Indralesh. The Board is enable to furnish any explanation as to how the name of Indralesh came to be mentioned in the marks-sheet which contains the roll number of the petitioner. Therefore, the dispute is only regarding the correction of the name of the petitioner in the marks-sheet issued to him with the roll number allotted to him. Since the Board has not taken any decision for cancellation of the examination of the petitioner for any reason and it is acceptable to the Board that the petitioner was issued admit card with roll no.2110478 with which he had appeared in the examination, he is entitle for marks-sheet with the aforesaid roll number in his name and all other consequential particulars. In view of the aforesaid facts and circumstances, a writ of mandamus is issued to the respondents to issue a fresh marks-sheet of the Intermediate Examination - 2013 to the petitioner with roll no.2110478 and his name and the particulars of his parents on it within a period of six weeks from today. The instructions received by the Standing Counsel from the Board vide two letters as placed before the Court both dated 8.1.2016 be kept on record. The writ petition is allowed."
(3.) The case set up by the appellants-respondents is that registration of a student in Class-XI for appearing in the Board Examination of Class-XII of the succeeding academic year is a condition precedent for his being eligible candidate and such provision has been made just to safeguard against unscrupulous students getting admitted to Class-XII directly without having cleared Class XI Examination. The very purpose of such registration in Class-XI would be frustrated, if the students appear in Board Examination of Class-XII without being registered in Class XI. The Principal of the Intermediate College had committed a fraud by submitting forms with reference to registration number pertaining to some other student and such fact has been overlooked by learned Single Judge.;