Court No. - 32
Case :- WRIT - C No. - 25544 of 2020 Petitioner :- Sarita Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the contesting respondents and perused the material available on record.
By means of present writ petition, petitioner has sought following relief(s):
"(i) issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.2 to provide High School Certificate, 1986 of petitioner within stipulated period fix by the Hon'ble Court.
(ii) to issue any other suitable writ order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iii) to award cost of the petition to the petitioner."
Claim of the petitioner is that petitioner appeared in the High School Examination in the year 1985-1986 and duly passed the same. However, certificate was not obtained by the petitioner. In that regard, it so happened that when the petitioner approached the Principal (respondent no.3), he orally submitted that he did not receive any certificate as such. Therefore, there is no point in giving the same to the petitioner.
Also heard the learned Standing Counsel on the point.
After considering the entirety of this case, it is obvious that the High School certificate of the petitioner for the year 1986 has not been issued as claimed by her. Now, there must be expected a duly prescribed procedure to be followed in such cases, therefore respondent no.2 is expected to give direction or ask the petitioner to fulfill those requirements and the procedure and the petitioner is bound to follow the same and after complying and completing the entire procedure, certificate may be issued to her by the authority competent whosoever he may be, under control of respondent no.2.
It is expected that within a period of three weeks from today, appropriate application along with certified copy of this order shall be moved before respondent no.2, who shall give due consideration to the same and do the needful within one month after presentation of the application.
With the aforesaid observation, this petition stands disposed of.
Order Date :- 6.1.2021 S Rawat