NAVNEET KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) The petitioner, who had appeared at the Intermediate Examination conducted by the Board of High School and Intermediate Education, U.P., Allahabad (hereinafter referred to as the 'Board') in the year 2002, has filed this petition for a direction upon the Board and the Principal of the Mahatma Gandhi Inter College, Siswa Bazar, Maharajganj (hereinafter referred to as the 'College') from where he had appeared at the said Examination, to provide the original Certificate to the petitioner.

(2.) It is stated that the petitioner had appeared as a regular student at the Intermediate Examination 2002 from the aforesaid College with Roll No.0535542. In the marksheet dated 28th June, 2002 issued to the petitioner he was declared failed as in Chemistry Theory Paper, he was awarded 9 marks in Ist Paper and 6 marks in IInd Paper. The petitioner applied for scrutiny in Chemistry Paper-II. The Principal of the College issued a marksheet to the petitioner on 15th February, 2003 in which the petitioner was shown to have passed in Second Division with 8 marks in Chemistry Paper-II. The petitioner thereafter took admission in B.Sc. in a College affiliated to the Deen Dayal Upadhyay Gorakhpur University, Gorakhpur. On 3rd May, 2006, the petitioner made a request to the Principal of the College from where he had appeared at the Intermediate Examination in the year 2002 to provide a Certificate to him but the Principal of the College under his signatures only provided a provisional Certificate and when the petitioner approached the Principal of the College for issuance of the regular Certificate, neither any reply was given and nor the Certificate was provided. The petitioner, therefore, filed this petition in 2007 for issuance of the Certificate of the Intermediate Examination 2002.

(3.) A Counter Affidavit has been filed on behalf of the Board as also on behalf of the College. The Board in its counter affidavit has specifically stated that though the petitioner had applied for scrutiny in Chemistry Paper II, but his marks remained unchanged and there is no provision for issuance of a certificate to an unsuccessful candidate. It has also been stated that the Principal of the College issued the revised marksheet in collusion with the petitioner even though there was no change in the marks obtained in Chemistry Paper II after scrutiny and for that purpose an explanation was called for from the Principal of the College by the communication dated 3rd October, 2007. Photostat copy of the Original Tabulation Chart has also been enclosed to show that there was no change in the marks of the petitioner in Chemistry Paper-II.