Sangeet Raj Lodha, J. - (1.) BY way of this petition, the petitioner is seeking directions to the respondents to issue the original mark sheets of Secondary and Senior Secondary Examination to the petitioner, after making necessary correction in his father's name appearing in the mark sheets issued earlier. The petitioner appeared in the Secondary Examination, 2007 conducted by the Board of Secondary Education, Rajasthan. In the admission card issued, the name of the petitioner and his father were shown as 'Pankaj Prem Purohit' and 'Prem Kumar Purohit' respectively. However, on passing the examination in the mark sheet issued, the name of the petitioner's father was shown as 'Prem Prakash Purohit' instead of 'Prem Kumar Purohit'. The petitioner approached the respondent -Board for necessary corrections but to no avail. Later, the petitioner passed the Senior Secondary Examination conducted by the respondent -Board, however, in the mark sheet issued again, the petitioner's father name was mentioned as 'Prem Prakash Purohit' instead of 'Prem Kumar Purohit'. The petitioner once again approached the respondent -Board and pointed out the error but the same was not rectified. The petitioner made an application and submitted the original mark sheets for necessary corrections to the respondent -Board through the school where petitioner had studied, however, the same have not been returned after due correction, till this date, despite the fact that the petitioner produced on record various documents such as, ration card, birth certificate, PAN card issued to the petitioner's father by the Department of Income Tax etc. to establish that the name of the petitioner's father is "Prem Kumar Purhoit" and not "Prem Prakash Purhoit" as mentioned by the respondent -Board in the mark sheets issued as aforesaid. The predicament of the petitioner is that though he has passed B.C.A. Examination, however, the certificate is not being issued to him on account of non production of the original mark sheets of the Secondary and Senior Secondary Examination. Hence, this petition.
(2.) DESPITE several opportunities being granted, no reply to the writ petition has been filed on behalf of the respondent -Board and thus, the averments made in the petition remain uncontroverted. However, a reply to the writ petition has been filed on behalf of the respondent No. 4 taking the stand that in the transfer certificate issued by the School, where the petitioner was earlier studying, the name of the petitioner's father was entered as 'Pankaj Prakash Purhoit', however, it is submitted that the mark sheets submitted by the petitioner for necessary correction have already been forwarded to the Board. Learned counsel for the petitioner contended that even in the admission card issued by the Board, the name of the petitioner's father is shown as 'Prem Kumar Purohit' and therefore, it is apparent that while filing up of the form, the petitioner had mentioned the name of his father as 'Prem Kumar Purohit'. Learned counsel submitted that from various documents placed on record, it is apparent that the petitioner's father name is 'Prem Kumar Purohit' and not 'Prem Prakash Purohit'. Learned counsel submitted that the action of the respondent -Board in not returning the original mark sheets to the petitioner after necessary correction, is ex facie illegal and arbitrary.
(3.) ON the other hand, counsel for the respondent -Board submitted that the name of the father of the petitioner has been mentioned in the mark sheets as "Prem Prakash Purohit" on the basis of the information supplied by the School, the respondent No. 4 herein, where the petitioner was studying and therefore, the Board has not erred in mentioning the name of the petitioner's father in the mark sheets as "Prem Prakash Purohit".;