The alleged non-issuance of the said certificate by the Board in favour of the petitioner would not be countenanced in law.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 30th of December, 2022 in which the petition was allowed and the court had issued the writ of mandamus to issue the 12th class marks certificate. This was seen in the case of Ayush Dogra vs J&K State Board Of School (WP(C) No. 344/2021). The case was presided over by The Honourable Mr Justice Javed Iqbal Wani.
FACTS OF THE CASE:
The petitioner appeared in the class 10th examination but did not qualify for the same. But the petitioner states to have appeared in a bi-annual examination as a private candidate and have cleared the same with a rider put by the board “to improve”. Then the petitioner appeared in the class 12th examination and qualified the same with the first division.
The grievance projected by the petitioner in the petition is that the respondents upon being applied by the petitioner for issuance of a 12th class mark certificate with first division did not issue the same without any rhyme or reason. Respondents despite having entered appearance have chosen not to file objections to the petition.
JUDGEMENT:
The court observed that perusal of the records tends to show that the petitioner appeared in the examinations conducted by the Board and that the Board had not placed any condition upon the petitioner for appearing in the examination in particular the improvement examination of class 10th bi-annual session 2020 when the petitioner improved his grade, there ought to have been no reason or justification for the Board not to issue the marks certificate of 12th class examination admittedly having been passed by the petitioner under with first division. The petition was allowed. By the issuance of a writ of Mandamus, the respondent is commanded to issue a 12th class marks certificate in favour of the petitioner having been qualified by him in the annual regular session of 2019 unless there is no other legal impediment thereto.
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JUDGEMENT REVIEWED BY KRITI GUPTA