Ravindra Babu vs U.P.Madhymik Shikcha Parishad,Alld.and Others

R. H. Zaidi, J.—By means of the instant petition, petitioner prays for a writ, order or direction in the nature of mandamus directing respondents to issue mark sheet to him after correcting the Roll Number or alternatively the actual marks obtained by him be incorporated in the mark sheet,

In compliance of the order passed by this Court on 16101995 learned standing counsel has produced the tabulation sheet of the candidate being Roll No. 618593.

I have perused the said tabulation sheet.

It is apparent that either some one in the office of respondent No. I or Principal of Mukut Singh Higher Secondary School, Kanpur Dehat has committed mistake. The Roll number has been interchanged. The marks obtained by the petitioner have been entered against the name of Sri Ravindra Kumar s/o Raja Ram as the petitioner was assigned Roll No. 618592, which was the Roll Number of Ravindra Kumar s/o. Raja Ram. On that basis petitioner was declared to have failed in the High School Examination for the year 1995. It is well settled in law that for the mistakes of the Madhyamik Shiksba Parishad or its official/officers or Principal of the College, the student should not suffer. The mistake is apparent on the fact of the record, which is liable to be corrected.

In view of the facts and circumstances as stated above the writ petition deserves to be allowed.

The writ petition is allowed with costs, which I assess moderately at Rs. 2500. The respondents are directed to declare the result of the petitioner at once and issue correct marksheet to the petitioner within a period of one week from the date a certified copy of this order is produced before respondent No. 1.

In the event Sri Ravindra Kumar s/o Raja Ram feels aggrieved by this order, he will be at liberty to make an application in this petition or to file a writ petition under Article 226 of the Constitution for redressal of his grievance, if any.