MOHD FAROOQ DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Petition has been submitted praying for direction to the respondents to issue the marks certificate of the petitioner for Higher Secondary Part II Examination.

(2.) THE main grounds taken in the petition are that petitioner appeared in Higher Secondary Part II Examination in Arts Faculty under Roll No: 203447 in the year 1995 and he was declared "fail" in English. The petitioner subsequently appeared in Bi -annual Examination under Roll No: 215481 and his result was declared vide notification No:225/HSP -II (Private) Dec. 1995 dated 23.11.1996, in which the petitioner was declared successful. Petitioner, thereafter joined B.A. Part Ist, cleared the examination, joined B.A. Part -IInd and cleared the same also. The submission and grievance of the petitioner is that when he was to appear in the B.A. Final Examination, he was required to produce the marks certificate of Higher Secondary Part II examination, by the University. The marks certificate could not be submitted because of the plea taken by the respondent -Board that in fact petitioner had failed in Higher secondary Part II examination but due to clerical error the petitioner has been shown, as "pass" in the relevant subject and on this disability certificate could not be issued. Petitioner prays for direction to the respondents to issue the necessary certificate.

(3.) THE stand taken by the respondents is that the petitioner had actually failed in English paper of Higher Secondary Part II Examination but due to clerical error he was shown as having passed the said subject and when this mistake was detected and as the petitioner has not approached the respondents during the period of four years, therefore, the petitioner is not entitled to claim the benefit accrued to him due to the clerical mistake of the respondents.