Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Vijai Pal Singh vs Secretary, Madhyamik Shiksha … on 31 August, 2000
Equivalent citations: (2000) 3 UPLBEC 2510
Author: S Harkauli
Bench: S Harkauli


JUDGMENT

S. Harkauli, J.

1. Counter and rejoinder affidavit have been exchanged in this matter. The petitioner appeared in Intermediate Examination of U.P. Board in the year 1985. His result was withheld under W/B category and in accordance with rules a provisional mark-sheet was issued to the petitioner by the Principal of the College showing that the petitioner had passed in Second Division by award of two marks as grace marks in Physics.

2. It appears that such provisonal mark-sheets are issued as enquiry into the matter of these nature takes time and if enquiry results ultimately in favour of the student, the particular student may not have to suffer loss of a academic year, therefore, on the strength of provisional mark-sheet, students gets the benefit of getting provisional admission to higher classes.

3. It appears that the petitioner took admission to B.Sc. course in the Ruhelkhand University Bareilly. It has been stated on behalf of the petitioner that the petitioner completed two years course of B.Sc. and, thereafter, two years course of M.A. on the strength of the provisional mark-sheet. It is not clear as to how the University permitted the petitioner to complete these courses’ without insisting upon the production of regular mark of Intermediate.

4. It has been alleged in the counter-affidavit as well as impugned order that the petitioner was intimated that his result of Intermediate Examination, 1985 had been cancelled on 1-2-1986, but despite such intimation the petitioner persisted and continued in higher studies apparently concealing this fact from the University.

5. Whereas in this particular case I find that it would not be in the interest of justice to revert back the petitioner to the stage of Intermediate after having pursued the higher studies but so as to prevent such situation in future while at the same time safeguarding the interest of student, a direction is issued to the respondent Board to issue clear orders that in future all provisonal mark-sheets will be issued by the Principal for one year, in case of withheld result showing with bold letters either at the top or at the bottom of the Mark-sheet that this mark-sheet is provisional and is valid only for one year and if within the period of one year regular mark-sheet is not produced by the particular student, the authorities before whom such provisional mark-sheet has been filed should assume that the result of the particular student has been cancelled.

6. Further in case the Board is not in a position to take a decision in any particular matter within the period of one year, the Board will issue a certificate in writing to the Principal of the Intermediate College to certify that the period of one year in the temporary mark-sheet may be extended by such further time as may be mentioned in the said certificate and the said certificate may be collected by the Student from the Principal for filing before the concerned educational authorities to seek extension of time for filing regular mark-sheet. This direction will be communicated by the Standing Counsel to the Secretary of the Board for immediate compliance.

7. Coming back to the facts of this particular case without going into the question whether the petitioner has received alleged intimation dated 1-6-1986 or not. I dispose of
this writ petition with the direction that the cancellation of the petitioner’s Intermediate Examination, 1985 will be set aside and the regular mark-sheet and the certificate will be issued to the petitioner on the basis of marks obtianed by him.


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