PRAKASH CHANDRA v. SECRETARY MADHYAMIK SHIKSHA PARISHAD
1997-08-20
OM PRAKASH, R.K.GULATI
body1997
DigiLaw.ai
OM PRAKASH AND R. K. GULATI, JJ. ( 1 ) THIS special appeal is filed against the judgment dated 11-8-1997, passed by the learned single Judge of of this court. The short grievance of the petitioner is that he having passed the high School, applied for the issuance of the High School certificate to the Principal of the relevant college, but he was informed by the Principal that High School certificate had not been received by him from the Secretary of the U. P. High School and Intermediate Board, Allahabad (U. P. Madhayamik Shiksha Parishad ). Then the petitioner approached the Secretary, who informed the petitioner by his letter dated 17-7-1997 (Annexure-V to the writ petition) that the high School certificate had been sent to the Principal of the concerned college. ( 2 ) THIS is how the petitioner is shuttling between the Secretary and the Principal to obtain the certificate. ( 3 ) RELYING on the Secretarys letter dated 17-7-1997 the learned Single Judge while dismissing the writ petition said the Secretary had performed his duty and there was nothing on his part to be performed and that no mandamus could be issued against the Secretary. He concludingly observed that the petitioner may apply afresh for issuance of the certificate in accordance with law. ( 4 ) THE case of the petitioner is that he has applied for the post of clerk for which typing test will be held by the Staff Selection Commission, Allahabad on 25-8-1997. It is submitted by counsel for the petitioner that if the High School certificate is not supplied to the petitioner well in time then he will suffer irreparable loss, inasmuch as he will not be permitted by the Commission to appear in the typing test. ( 5 ) CATEGORICAL case of the petitioner is that he approached the Secretary and the Principal both but no High School certificate has been supplied to him so far. The learned Single Judge dismissed the petition in limine saying that the Secretary had performed his duty and there was nothing on his part to be performed and, therefore, no mandamus could be issued against the secretary to issue duplicate certificate. ( 6 ) FROM the letter dated 17-7-1997, Annexure-V to the petition, sent by the Secretary, inference can be drawn that Secretary had performed his duty. In his letter dated 17-7-1897.
( 6 ) FROM the letter dated 17-7-1997, Annexure-V to the petition, sent by the Secretary, inference can be drawn that Secretary had performed his duty. In his letter dated 17-7-1897. Annexure-V to the writ petition, the Secretary simply stated that the High School certificate of the petitioner had been sent to the Principal of the concerned college and nothing more. Whether the certificate purportedly sent to the Principal by the Secretary was received by the former, if so, whether the certificate is still with the Principal, if not, where the certificate is gone-these are the questions to be considered by the Secrectary. If he comes to the conclusion that the certificate was sent to the concerned college and that is still lying there then it is his duty to direct the Principal to deliver the certificate to the petitioner. If he concludes that the certificate was already delivered to the petitioner and that was lost by him, then he may direct the petitioner to obtain a duplicate certificate as per the rules and procedure. ( 7 ) IT is to be borne in mind that the examination was conducted by the Board and, therefore, it is the responsibility of the Board to deliver the certificate to the petitioner. The Secretary, in any case could not be absolved of his responsibility merely by saying that he had sent the certificate to the Principal. Distribution of the certificates through the Principal is a modality devised for convenience and the Principal for this purpose acts only as an agent of the Board. The Board is mainly responsible to award certificates to the students who have passed the examination. ( 8 ) IT is a matter of great regret that helpless petitioner should be forced to rush to this court under article 226 for obtaining the certificate, which he is entitled to. In auch matters the Boards authorities should have objective, sympathetical and pragmatic approach so that the students are not burdened with the expenditure on litigation. ( 9 ) WE are, therefore, of the view that the learned Single Judge was not right in observing that the secretary had done his duty and no mandamus could be issued against him.
In auch matters the Boards authorities should have objective, sympathetical and pragmatic approach so that the students are not burdened with the expenditure on litigation. ( 9 ) WE are, therefore, of the view that the learned Single Judge was not right in observing that the secretary had done his duty and no mandamus could be issued against him. ( 10 ) SINCE vital questions are yet to be considered by the Secretary, we are of the view that no useful purpose will be served in remitting the case to the learned Single Judge. ( 11 ) FOR the above reasons, the appeal and the writ petition are disposed of finally right at this stage without calling for a counter-affidavit. The impugned order passed by the learned Single judge is set aside and the Secretary (respondent No. 1) is directed to ascertain the facts, as aforesaid, expeditiously and as far as possible within one month from the date a copy of this judgment is furnished before him by the appellant/petitioner and then take suitable steps as he thinks fit, to make the certificate available to the petitioner. ( 12 ) WE, however, direct the Staff Selection Commission (respondent No. 2) to satisfy itself from the High School marksheet, which will be furnished to the authority in charge for holding the examination to which the petitioner is a candidate, by the petitioner before 25th August, 1997 and then permit the petitioner to appear in the typing test, scheduled to be held on 25-8-1997. In case the petitioner is found successful in the examination then his result of the examination will be subject to furnishing the High School certificate by him. ( 13 ) CERTIFIED copy of this order will be supplied to the parties on payment within two days. .