Jammu & Kashmir High Court - Srinagar Bench
Syed Zaid Ashraf Indrabi vs Union Territory Jk & Ors on 24 March, 2021
Serial No. 363
After Notice List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
Dated: 24th of March, 2021.
WP(C) No.1698/2020
CM No. 4898/2020
Syed Zaid Ashraf Indrabi
... Petitioner(s)
Through: -
Mr M. A. Wani, Advocate.
V/s
Union Territory JK & Ors.
... Respondent(s)
Through: -
Mr Shah Aamir, AAG with
Ms Sharaf Wani, Assisting Government Counsel; and
Ms Ruqayya Siddiqui, Advocate vice
Mr M. I. Dar, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
(JUDGMENT)
(Oral);
01. By medium of the instant petition, the petitioner is seeking the
grant of following relief(s) in his favour:
"A. Issue a Writ/ Order/ Direction in the nature of Mandamus,
thereby directing the respondents Board authorities to issue formal
Registration and issue admit card/Roll Number to sit in the examination of
class 10th Examination;
B. Issue a Writ/Order/Direction in the nature of Mandamus, thereby
directing the respondents School authorities to allow the petitioner to sit in
the class 10th examination;
C. Issue a Writ/Order/Direction in the nature of Mandamus, thereby
directing the respondents to correct the School records as per the
Certificates issued by Tehsildar and concerned Police; and/ or
D. Any other writ/Order/Direction which this Hon'ble Court deems
just and proper to issue in the attendant facts and circumstances of the case,
TAHIR MANZOOR BHAT
2021.03.25 17:16
I attest to the accuracy and
integrity of this document
WP(C) No.1698/2020;
CM No.4898/2020
be also issued in favour of the Petitioner and against the Respondents in the
interest of justice, equity and good conscience."
02. Mr M. A. Wani, the learned counsel for the petitioner, submitted
that the petitioner was born on 16th of November, 2004, however, his Date of
Birth was wrongly mentioned as 19th of November, 2006 in the relevant
School records. It is stated that because of the aforesaid mistake having crept
in the Date of Birth of the petitioner, the Jammu and Kashmir Board of School
Education did not issue formal registration in favour of the petitioner for
classes 9th and 10th. Thereafter, the father of the petitioner, as directed, is stated
to have filed an Affidavit before the concerned authorities for seeking
correction of the wrongly recorded Date of Birth of the petitioner in the School
records. It is contended that the petitioner approached the concerned
authorities in the Jammu and Kashmir Board of School Education for
registering the petitioner for 9th and 10th classes, but no such registration has
been, till date, issued in favour of the petitioner, despite furnishing of all the
requisite documents on part of the petitioner. The petitioner claims to have
buttressed his case for seeking correction of his wrongly recorded Date of
Birth in the School records by enclosing the certificate of the Police authorities
as well as the one issued by Tehsildar, Pulwama indicating the Date of Birth
of the petitioner as 19th of November, 2004, instead of 19th of November,
2006.
03. In terms of order dated 3rd of November, 2020, this Court
directed the respondents to permit the petitioner to sit/appear in the 10th Class
Examination which was scheduled to be held on 9th of November, 2020,
TAHIR MANZOOR BHAT
2021.03.25 17:16
I attest to the accuracy and
integrity of this document
WP(C) No.1698/2020;
CM No.4898/2020
subject to the rider that the petitioner otherwise meets the requirements.
Consequently, on the basis of the said order of this Court, the petitioner has
been permitted to appear in the 10th Class Examination, result whereof has
also been produced before the Court in a sealed cover pursuant to subsequent
order of this Court dated 31st of December, 2020. This result of the petitioner,
on its de-sealing by the Bench Secretary of this Court, shows that the
petitioner has passed four subjects, whileas in one subject, namely,
Mathematics, he is declared failed having obtained only 25 marks.
Accordingly, the overall result of the petitioner is shown as 'Not Qualified
(DE)'. The result so produced is, subsequently, returned back to the counsel
representing the Jammu and Kashmir Board of School Education through
Bench Secretary, with a photocopy thereof handed over to the learned counsel
for the petitioner in the open Court.
04. In the light of the aforesaid subsequent development having
taken place in the matter with the appearance of the petitioner in the 10th Class
Examination held by the Jammu and Kashmir Board of School Education
pursuant to order of this Court dated 3rd of November, 2020, one portion of
the relief sought for by the petitioner in this petition stands already taken care
of and the only grievance of the petitioner left unaddressed is the subsequent
follow up action to be taken by the concerned authorities in the Board of
School Education by registering the petitioner and issuing the requisite
certificate in his favour, accordingly, so as to enable him to avail further
educational benefits.
TAHIR MANZOOR BHAT
2021.03.25 17:16
I attest to the accuracy and
integrity of this document
WP(C) No.1698/2020;
CM No.4898/2020
05. Given the above position and with the consensus of the learned
appearing counsel for the parties, this Writ petition shall stand disposed of
with a direction to the respondent Board to register the petitioner in pursuance
of his appearance in the 10th Class Examination, Annual-2020 (Regular),
result whereof has been produced before this Court, and, accordingly, issue
the necessary certificate in favour of the petitioner in lieu thereof, in
accordance with the law and the rules governing the field, as expeditiously as
possible so that the petitioner is able to avail the benefits of further education.
It goes without saying that the dispute of recording the Date of Birth of the
petitioner shall not form an impediment for the authorities in the Jammu and
Kashmir Board of School Education in doing the needful, as aforesaid, and
that the same shall be taken care of by the authorities concerned in accordance
with the law and the rules governing the field.
06. Writ Petition disposed of as above, along with the connected
CM(s).
(Ali Mohammad Magrey)
Judge
SRINAGAR
March 24th, 2021
"TAHIR"
TAHIR MANZOOR BHAT
2021.03.25 17:16
I attest to the accuracy and
integrity of this document
