STATE OF U.P. Vs. MOHAMMAD AFZAL

JUDGEMENT

(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 Vs. 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:-

(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.