Neutral Citation No. - 2025:AHC:28537 Court No. - 32 Case :- WRIT - C No. - 15131 of 2018 Petitioner :- Ram Prakash Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Lok Nath Shukla,Vidya Bhushan Shukla Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner, Sri R.P. Tiwari, learned Standing Counsel for respondent nos.1 to 5 and Sri Prabhakar Awasthi, learned counsel for respondent no.6. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of certiorari for quashing the order dated 12.10.2017 passed by the respondent no.4. ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent concerned to correct the mark-sheet of High School Examination 2013 bearing Roll No.1024496 with regard to subject Computer and issue fresh marks sheet of High School Examination to the petitioner otherwise, the petitioner shall suffer an irreparable loss and injury. iii. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. iv. Award the cost of the petition to the petitioner." 3. It appears that there are certain discrepancies in the marks-sheet of petitioner in High School Examination-2013 bearing Roll No.1024496 with regard to Computer subject. The petitioner submitted an application for correction in the marks-sheet which application has been rejected by the respondent no.4 by order dated 12.10.2017 on the ground of delay in filing the application. It has further been recorded that the details which have been sent by the institution have been recorded in the marks-sheet. 4. Challenging the aforesaid order, learned counsel for the petitioner has contended that in the counter affidavit of respondent no.6, it is admitted in paragraph nos.5 & 6 that an error has been committed by the School namely, S.S.T. Inter College, Bahor Nagla Road, Nawabganj, District Bareilly, and therefore, it was bonafide error, and the respondent no.4 ought to have made corrections in the marks-sheet of the petitioner. 5. Per contra, learned counsel for the respondents would contend that since there was delay in filing the application, therefore, application of the petitioner has been rightly rejected. 6. Be that as it may, the respondent no.6 is the school from which petitioner has appeared in the High School Examination-2013, and respondent no.6 in paragraph nos.5 & 6 of the counter affidavit has admitted that due to certain errors of the School, wrong details has been supplied. Paragraph nos.5 & 6 of the counter affidavit of respondent no.6 are reproduced herein below:- "5. That while sending the data online to the Board a mistake accrued at the level of institution wherein in place of Computer which was the optional subject taken by petitioner drawing stood incorporated and therefore, Board sent data sheet in relation to petitioner wherein drawing stood incorporated. 6. That said mistake was pointed out by way of objection sent by the institution to the Board alongside the marks of practical in Computer was also sent but for the fact that Board although showed the subject Computer against the name of petitioner but incorporated absent in front of same. At the said given point of time everything was offline therefore, marks which were sent by the institution was submitted in the office of Regional Office Board and no document could be retained by any of the institution." 7. In view of the admission made by the respondent no.6 in paragraph nos.5 & 6 of the counter affidavit, this Court finds that impugned order passed by the respondent no.4 is without application of mind and without appreciating correct facts on record. 8. In such view of the fact, the impugned order is set aside, and the matter is remitted back to the respondent no.4-Regional Secretary, Board of High School and Intermediate Education, U.P. at Bareilly to consider and decide the claim of petitioner afresh in the light of paragraph nos.5 & 6 of the counter affidavit of respondent no.6 within a period of one month from the date of production of certified copy of this order 9. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. Order Date :- 28.2.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad