APHC010507572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26526/2025 Between: 1. AYYAGARI HIMA KAVYA, D/O A LAKSHMAN RAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER AYYAGARI LAKSHMAN RAO S/O BUCHI KAMESWARA RAO, R/O. MIG-2-82, RHB COLONY, PM PALEM, VISAKHAPATNAM DIST. 2. GAJULA DHARANI SAI, D/O G MADHU BABU, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER GAJULA DIVYA W/O G MADHU BABU, R/O. D.NO. 7-38/12, IPPATAM, TADEPALLI MANDAL, GUNTUR DIST. 3. KANAJAM CHANAKYA, S/O K SRIDHAR, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER KANAJAM ANUSHA W/O K SRIDHAR, R/O. D.NO.12-1129, TADEPALLI, GUNTUR DIST. 4. GOPISETTY SURESH, S/O G SRIHARI, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS FATHER GOPISETTY SRIHARI S/O SAMBASIVA RAO, R/O. D.NO. 3-116, KATTEMPUDI, GUNTUR DIST. 5. GAJULA DIVIJA, D/O G VIJAYA KISHORE, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER 2 FATHER GAJULA VIJAYA KISHORE S/O VENKATESWARARAO, R/O. D.NO. 1-128/A-81, BAPANAIAH NAGAR, MANGALAGIRI, GUNTUR DIST. 6. SARIKONDA VENKATA SASI VARDHN RAJU, S/O S. SRINIVASA RAJU, MINOR, AGED 16 YEARS. REP. BY NATURAL GUARDIAN HIS MOTHER S.SRIDEVI W/O SRINIVASA RAJU, R/O.D.NO.1-129, BYTAMANJULURU, J PANDGULURU MD, PRAKASAM DIST. 7. SALLURI DEVASMITA, D/O S DEVA KUMAR, MINOR, AGED 16 YEAS. REP. BY NATURAL GUARDIAN HER FATHER SALLURI DEVA KUMAR S/O BHOOSHANAM, R/O. D.NO. 5-182/VB, IB NAGAR, MANGALAGIRI, GUNTUR DIST 8. CHEKURI SOWMYA, D/O CH VENKATA SUBBAIAH, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER CHEKURI MERY FLORENCE W/O CH VENKATA SUBBAIAH, R/O. D.NO.7-33, SANTHARAVURU, PRAKASAM DIST. 9. MEDURI PRAGNAN, S/O M KUMAR BABU, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER MEDURI KIRANMAI W/O M KUMAR BABU, R/O.D.NO. 11-272/C/I, HARIJANAWADA, OLD MANGALAGIRI, MANGALAGIRI, GUNTUR DIST. 10. MUSUNURI VENKATA KOWSHIK, S/O M VENKATA RATNAM MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS FATHER MUSUNURI VENKATA RATNAM S/O R/O.D.NO. 2-2/236, PEDAVADLAPUDI, GUNTUR DIST 11. KOUTHARAPU HARIYASWANTH, S/O K YOGESWARARAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER KOUTHARAPU LAKSHMI GEETHA W/O K YOGESWARARAO, R/O. 3 D.NO.5-169/H, IB NAGAR, MANGALAGIRI, GUNTUR DIST. 12. VELAGALA SILENDRA MANIKANTA, S/O V SAMBASIVA RAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER VELAGALA BALA PRASANNA KUMARI W/O V SAMBASIVA RAO, R/O. D.NO. 8-322, BHAGAV PETA, MANGALAGIRI, GUNTUR DIST. 13. THUMMALAGUNTA KARTHEEKA, D/O T SURESH BABU, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER TUMMALAGUNTA SURESH BABU, R/O.D.NO. VTC, PAMULAPHADU, GUNTUR DIST. 14. KANDREGULA BHANU CHARAN SAI SYAM, S/O K RAVI SANKAR, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS / MOTHER KANDREGULA RAMYA VIJAYA DURGA W/O K RAVI SANKAR R/O. D.NO. 5- 101, KANDREGULAVARIPALEM, AINAVALLI MANDAL, EAST GODAWARI DIST. 15. TELU JYOTHI AKSHYA, D/O T VENKATA DURGA SAMBASIVA RAO. MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER TELU VENKATA DURGA SAMBASIVA RAO S/O VENKATA RAMAIAH, R/O. D.NO. 5-178B/44A, MANGALAGIRI, GUNTUR DIST. 16. KATTEPOGU MAHALAKSHMI, D/O K SUKUMAR, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER KATTEPOGU SUKUMAR S/O K CHINAVENKAIAH, R/O. D.NO. 3-286, NOWLURU, MANGALAGIRI MANDAL, GUNTUR DIST. 17. MAJETI SRUTHI DHANYA, D/O M ANIL KUMAR, MINOR, AGED 16YEARS, REP.BY NATURAL GUARDIAN HER FATHER MAJETI ANIL KUMAR S/O NAGA VARA PRASAD RAO, R/O. D.NO. 3-312/A-1, MANGALAGIRI, 4 GUNTUR DIST. 18. GADE PRADHEEP, S/O G VENKATESWARLU, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HIS MOTHER GADE KOTESWARI W/O G VENKATESWARLU, R/O. D.NO. 8-20-94/1, GIDDALURU, PRAKASAM DIST. 19. PRATHIPATI SHARMILA, D/O P ANUK, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER MOTHER PRATHIPATI SANDYA W/O P ANUK, R/O. D.NO. 2-119, KOPPERAPALEM, PRAKASAM DIST. 20. KAKI SOWMYA, D/O K PRABHUDASU, MINOR,AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER FATHER KAKI PRABHUDASU S/O POTHURAJU, R/O. D.NO. 5-66, MANGALAGIRI, GUNTUR DIST. 21. DEVARAKONDA HARIKA LEONA, D/O D GIDYONU, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER MOTHER DEVARAKONDA VIJAYA W/O GIDYONU, R/O.D.NO. 5-3, VADDESWARAM, GUNTUR DIST. 22. TADIBOINA LAKSHMI BHAVANI, D/O T PERAIAH, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER MOTHER TADIBOINA PUSHPA LATHA W/O PERAIAH, R/O. D.NO. 5-44A, MANGALAGIRI, GUNTUR DIST. 23. SRIPATHI DEEKSHITHA, D/O S JAGADEESH, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER MOTHER SRIPATHI ANITHA W/O S JAGADEESH, R/O. D.NO. 12-5-40/5/403, ATMAKURU, MANGALAGIRI, GUNTUR DIST. 24. JANGA AASRITHA REDDY, D/O J NAVEEN REDDY, MINOR, AGED 16 YEARS, REP. BY NATURAL GUARDIAN HER FATHER JANGA NAVEEN REDDY 5 S/O SANJEEVA REDDY, R/O.D.NO. 1-218, NIDAMARRU, GUNTUR DIST. 25. MALYAVANTHAM AASHRITHA LAKSHMI, D/O M RAJANI KRISHNA, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER MALYAVANTHAM JAYA SRI W/O M RAJANI KRISHAN, R/O. D.NO. 1-1449, PEDDAKONERU STREET, MANGALAGIRI, GUNTUR DIST. 26. THOTTEMPUDI AMULYA, D/O T SUNEEL, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER THOTTEMPUDI SUNEEL S/O T APPARAO, R/O. D.NO. 15-132-61, VENKATARAO PET, GUNTUR, GUNTUR DIST. 27. BALIA KUSUMA SATYA SAI ABHINAYA, D/O B SRINIVASA RAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER BALIA SRINIVASA RAO S/O B SATYANARAYANA RAO, R/O. D.NO. 5- 277/8, ATMAKURU, MANGALAGIRI, GUNTUR DIST. 28. BETHAPUDI SUKEETHI, D/O B SUKUMAR, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER BETHAPUDI SUKUMAR S/O PRASADRAO, R/O. D.NO. 7-101, VTC, MANGALAGIRI, GUNTUR DIST. 29. RAVURI SAI FLARSHAVARDHAN, S/O R VENKATA SIVA PRASADRAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS FATHER RAVURI VENKATA SIVA PRASADRAOS/O SAMBASIVARAO, R/O. D.NO. 9- 2, YERRABALEM, MANGALAGIRI, GUNTUR DIST. 30. DAVULURI SRI PALLAVI, D/O D VIJAY, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER DAVULURI VIJAY S/O ISRAEL, R/O.D.NO. 5- 178-A13 APSP POLICE QUARTERS, MANGALAGIRI, GUNTUR DIST. 6 31. PALAGANI USHA SRI, D/O P SUBBARAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER PLAGANI SUBBARAO S/O KOTESWARARAO, R/O. D.NO. 9-9, YERRABALEM, MANGALAGIRI, GUNTUR DIST. 32. KOMMAREDDY ANITHA, D/O K SRINIVASA REDDY, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER KOMMAREDDY SRINIVASA REDDY S/O RAMI REDDY R/O. D.NO. 4-20, NIDAMARRU, MANGALAGIRI, GUNTUR DIST. 33. SINGAMALA MANSVI, D/O S SUBBARAYUDU, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER FATHER SINGAMALA SUBBARAYUDU S/O SUBBARAMAIAH, R/O. PLAT NO. 91, SAMATHA NAGAR, KODUR, K.BUDUGUNTAPALLE CUDDAPHA DIST. 34. ALAPATI SAI VENKATA KARTHIK, S/O A RAMAKRISHNA, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HIS MOTHER ALAPATI ROJA SITA SWARAJYA LAKSHMI W/O A RAMAKRISHNA R/O . D.NO. 4-369, NOWLURU, MANGALAGIRI, GUNTUR DIST. 35. SIRIBOYINA DARSHIKA, D/O S MOHAN RAO, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER MOTHER ANURADHA W/O S MOHAR RAO, R/O. D.NO. 8-19, VTC KAZA, GUNTUR DIST. 36. LINGINENI NIHARIKA, D/O L VARAPRASAD, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HER MOTHER LINGINENI NAGA MALLESWARI W/O L VARAPRASAD, R/O. D.NO. 401, ATMAKUR, MANGALAGIRI, GUNTUR DIST. 37. PYLA VENKATA VAREESH RAJ, S/O P NARASIMHA 7 MURTHY, MINOR, AGED 16 YEARS. REP.BY NATURAL GUARDIAN HIS MOTHER PYLA NAGA SATYAVENI W/O P NARASIMHA MURTHY, R/O. D.NO.4-257, VTC. MANGALAGIRI, GUNTUR DIST. 38. NAVABOTHU SUDEEPTHI, D/O N VENUGOPALA RAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER NAVABOTHU ANURADHA W/O N VENUGOPALA RAO, R/O. FLAT NO. 402, PARK ROYAL RESIDENCY, VTC MANGALAGIRI, GUNTUR DIST. 39. KARU LOHITH, S/O KARU SURESH, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER KARU RAJYALAKSHMI W/O K SURESH, R/O. D.NO. 3- 375/1, MANGALAGIRI, GUNTUR DIST. 40. DODDIPATI DHYANA TEJA NOOKESWAR, S/O D OMKARAM MINOR, AGED 16 YEARS. REP. BY NATURAL GUARDIAN HIS MOTHER DODDIPATI RAJYALAKSHMI W/O D OMKARAM, R/O. D.NO.4-107, PENUMAKA,GUNTUR DIST. 41. VASA GNANESWAR, S/O V NAGESH BABU, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER VASA BOGESWARI W/O V NAGESH BABU, R/O. D.NO.2-58, VTC MANGALAGIRI, GUNTUR DIST. 42. NAVABOTHU SUJITHA, D/O N VENUGOPALA RAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER NAVABOTHU ANURADHA W/O N VENUGOPALA RAO, R/O.FLAT NO. 402, PARK ROYAL RESIDENCY, CHINNAKAKANI, MANGALAGIRI, GUNTUR DIST. 43. VANTIPULI RAJ KUMAR, S/O V ANKAMMA RAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER VANTIPULI SIVA KUMARI 8 W/O V ANKAMMA RAO, R/O. D.NO. 1-1440, PEDDAKONERU, MANGALAGIRI, GUNTUR DIST. 44. KESANAM BALADITYA, S/O K SURESH KUMAR, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER KESANAM RAMADEVI W/O K SURESH KUMAR, R/O. D.NO. 5-407/A, MANGALAGIRI, GUNTUR DIST. 45. GUNDALA MADURI, D/O G KOTESWARARAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER GUNDALA KRISHANKUMARI W/O G KOTESWARA RAO, R/O. D.NO. 5-21, BETHAPUDI, VTC. MANGALAGIRI, GUNTUR DIST. 46. PEDDINTI SEVITHA, D/O P SUNIL KUMAR, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER PEDDUBTI SUNEETA W/O P SUNIL KUMAR, R/O. D.NO. 5-178C5, IPPATAM ROAD, LB NAGAR, VTC MANGALAGIRI, MANGALAGIRI, GUNTUR DIST 47. KANAPALA PRASANTHI, D/O K PREMANANDAM, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER RODDA VIJAYA KUMARI C/O K PREMANANDAM, R/O. D.NO. 9-4, VTC, PEDAVADLAPUDI, GUNTUR DIST. 49 48. . DAMARLA ESWAR RAM, S/O D RAJU, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER DAMARLA SUSEELA W/O D RAJU, R/O. D.NO. 14-436/4/1. VTC TADEPALLI, GUNTUR DIST, 50. 49. BADE ATHILITHA JASWANTH KUMAR, S/O B SRINIVARAO, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS FATHER BADE SRINIVASARAO S/O B SANKARRAO, R/O. D.NO. 1- 71/2, ATMAKUR, GUNTUR DIST. 51 9 50. . PATHAN RAMJAN KHAN, S/O P NAGUR BASHA KHAN, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER PATHAN AFRIN W/O P NAGUR BASHA KHAN, R/O. D.NO. 15-317/2, TADEPALLI, GUNTUR DIST. 52. 51. GOLLA KARUNYA, D/O G THULASIDHAR, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HER MOTHER GOLLA KALPANA W/O THULASIDHAR, R/O. FLAT NO. 506 5TH FLOOR, SVN RECYDENCY, MANGALAGIRI, GUNTUR DIST. 52. VELAGAPATI NIHITH KUMAR, S/O V NAGARAJU, MINOR, AGED 16 YEARS, REP.BY NATURAL GUARDIAN HIS MOTHER VELAGAPATI MERCY W/O V NAGARAJU, R/O. D.NO. 7-171, ABM PALEM, RACHARLA, PRAKASAM DIST. 53. GADDE PUUZITA, D/O G SIVA VENKATESWARARAO, MINOR, AGED 16 YEARS. REP. BY NATURAL GUARDIAN HER FATHER GADDE SIVA VENKATESWARARAO S/O G NARASIMHARAO, R/O. D.NO. 105/1 KOTHAPETA, ATMAKURU, GUNTUR DIST. ...PETITIONER(S) AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EDUCATION, NEW DELHI. 2. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REP. BY ITS CHAIRMAN, PREET VIHAR, NEW DELHI. 3. 3. REGIONAL OFFICE, CBSE VIJAYAWADA, REP. BY REGIONAL OFFICER. 4. 4. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (SCHOOL EDUCATION), VELAGAPUDI. 10 5. DISTRICT EDUCATION OFFICER, GUNTUR. 6. PRINCIPAL, NIRMALA CBSE FLIGH SCHOOL, ATMAKUR, MANGALAGIRI. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to I. Issue a Writ of Mandamus declaring the action/inaction of Respondents 2, 3 and 6 (CBSE, Regional Office, and School Management) in not issuing the Original Pass Certificates cum Marks Statements and migration certificate to the petitioners children as illegal, arbitrary, negligent, and violative of Articles 14, 21, and 21-A of the Constitution of India. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the Respondents 2 and 3 (CBSE Regional Office, Vijayawada) to take immediate steps for tracing, reissuing 10th class marks memos otherwise provide original Pass Certificates cum Marks Statements (not duplicate certificates)and migration certificate to all 53 students within a fixed and short time frame (e.g., 4 weeks), so that there is no delay in their academic progress and Direct Respondent 6 (School Management) to submit a status report to this Honourable Court on the steps taken to locate or recover the misplaced bundle, including communication with postal authorities and CBSE Regional Office, and pass any further interim orders that this Honourable Court deems fit to protect the interest of the students until final disposal of the writ petition. Pass such other order or direction as this Honourable Court deems fit, just, and proper in the circumstances of the case, in the interest of justice and to protect the career prospects of the petitioners children. 11 IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead 7.The Superintendent of police ,Gnutur district .Guntur and 8.The S.H.O Mangalagiri police station mangalagiri as the proper and necessory parties as respondent 7 and 8 in the writ petition W.P.265260F 2025 and to pass Counsel for the Petitioner(S): 1. NAGAMANI BANAVATH Counsel for the Respondent(S): 1. M UMA DEVI (CENTRAL GOVT COUNSEL) 2. T D PANI KUMAR 3. GP FOR SCHOOL EDUCATION 4. GINJUPALLI SUBBA RAO The Court made the following: 12 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26526 of 2025 O R DE R: The present writ petition is filed questioning the action of Respondent Nos.2, 3 and 6 in not issuing the Class X Original Pass Certificates cum Marks Statements and Migration Certificates to the Petitioners as illegal and arbitrary. 2. The facts leading to this case are as follows. The Petitioners are students who appeared for Class-X CBSE examination held in March-April, 2025 through Nirmala CBSE High School, Atmakur, Mangalagiri and had successfully passed out in the examination. The Original Pass Certificates cum Marks Statements and Migration Certificates are to be issued to the successful students after 30-40 days from the date of declaration of results. Though the Petitioners approached Respondent No.6-School, the School authorities informed them that the certificate bundle was misplaced and that they are in the process of tracing the same. 3. Though most of the Schools had distributed the Original Certificates to the students so as to pursue further education, the Original Pass Certificates were not issued insofar as Class X 13 students of Respondent No.6-School are concerned, in spite of repeated requests. Eventually, a criminal case was registered against Respondent No.6-School by FIR.No.395 of 2025 dated 08.09.2025 under Sections 316(2), 318(2), 381 r/w 3(5) of BNS for breach of trust. As there was no alternative and the Original Pass Certificates were not issued, the present writ petition is filed. 4. Counter Affidavit is filed by CBSE i.e. Respondent Nos.2 and 3 stating that Original Pass Certificates cum Marks Statements in respect of Petitioners were issued by the CBSE Regional Office, Vijayawada vide Speed Post No.EN570109153N dated 18.06.2025 and the Certificates carry Serial Numbers from 2243301 to 2243382 for 82 students. It is stated that a letter was addressed by Respondent No.6-School on 18.08.2025 that the CBSE marks memo parcel though was delivered to them on 23.06.2025, but the same was misplaced and in spite of their best efforts, the same could not be traced. 5. The representation for issuing fresh certificates was not considered by the Competent Authority i.e. Controller of Examination stating that the AISSE Certificates are issued only once and the subsequent certificates can be issued by naming as Duplicate Certificates. It is also stated that as per the circular 14 No.CE/CBSC/2024/E file 163685 dated 04.09.2024, the hardcopy of Migration Certificates will not be issued to the students of Class XII and Class X and a digital copy will be issued for the admission in other educational institutions. A reference was made to Rules 63 and 67 of Examination Bye-laws to contend that duplicate certificates can only be issued. 6. Counter affidavit was also filed by Respondent No.6- School, wherein it is stated that the parcel containing Original Certificates of the Petitioners was wrongly delivered in State Board section in the Nirmala High School which is adjacent to Respondent No.6-School and in spite of the best efforts, the parcel could not be located. A letter was addressed on 18.08.2025 to Respondent No.3 expressing their regret for misplacement of parcel containing the Original Certificates of students. Similarly, a letter was also addressed on 16.09.2025 requesting Respondent No.3 to issue certificates. In spite of the best efforts, only Duplicate Certificates were issued on the premise that the Original Certificates will be issued only once. 7. Learned counsel for the Petitioners contends that the students apprehend that for any higher education and employment, the original certificates would be insisted and the 15 students may lose out their opportunities and it is in that context, original certificates are being sought for by the Petitioners. 8. Learned counsel for Respondent Nos. 2 and 3 submits that the duplicate certificates are as good as original and there is no difference. 9. Heard Sri B.Nagamani, learned counsel for the Petitioners and Sri T.D.Phani Kumar and Sri Ginjupalli subbarao, learned counsel for the Respondents. 10. The admitted fact in this case is that the Original Pass Certificates cum Marks Statements were lost in the Respondent No.6-School and they were never handed over to the students. The resistance of CBSE to issue fresh certificates are based on the Examination Bye-laws 63 and 67 and this appears to be unsustainable for the reason that issuance of duplicate certificates would come into play only after the original was actually handed over to the students. In the absence of the original certificate ever being handed over to the students, the resistance of CBSE is unsustainable. 11. The Rule 63 of Examination Bye-laws of CBSE, which is referred to in the counter affidavit of CBSE reads as under: 16 PASSING/QUALIFYING CERTIFICATE FOR SENIOR SCHOOL CERTIFICATE EXAMINATION AND MARKS STATEMENT CUM CERTIFICATE FOR SECONDARY SCHOOL EXAMINATION (1) A candidate who has appeared in an examination of the Board shall be issued a statement of marks for the Senior School Certificate Examination (ii) A candidate who has appeared at the Senior School Certificate Examination of the CBSE and has passed the examination shall be issued a pass certificate for the examination. (iii) A candidate who has appeared/passed at the Secondary School Examination of the CBSE shall be issued Mark sheet cum Certificate indicating the result status as PASS/FAIL/COMPARTMENT (iv)……. (v)…… (vi)………….. 12. The above highlighted portion of the Rule mandates the CBSE to issue a certificate and issuance is to the student and as stated supra, in the absence of receipt of the original certificate to the student, it cannot be termed as issuance at all. 13. The other rule relied upon by the CBSE is Rule 67 which deals with issuance of duplicate pass certificate.The Rule 67 reads as under: Rule 67 deals with granting a Duplicate Pass Certificate: 17 (i) A Candidate may obtain duplicate/triplicate certificate on payment of the prescribed fee and submission of an application on a prescribed form in the event of loss/theft/mutilation of the original certificate provided that an affidavit is filed to that effect before an official not below the rank of a first class Magistrate or a Member of the Governing Body of the Board. Further the person requesting for duplicate or triplicate certificate would notify the loss/theft/mutilation of the certificate through Press Note/advertisement in some leading Newspaper and shall submit the Press Clipping to the Board along with the application and the affidavit. (ii) Request of the candidate for issuance of Duplicate/Triplicate documents shall not be acceded to in the event of verification of the documents with Board's records found manipulated/forged/tampered with. 14. The highlighted portion of the above rule i.e., event of loss/theft/mutilation of the Original Certificates, comes into play after delivery of the Certificates to the students and while the certificates are in the custody of the student. 15. It is now consistently being held by this court as well as other high courts that the educational certificates are property of the students and the CBSE is under obligation to ensure that original certificates are actually and physically handed over to the student and they cannot avoid the obligation substituting with duplicate certificates. Though, the duplicate is as good as 18 original, there is always a doubt over the same, as in the case of property documents where the banks and vendees insist for original documents for sanctioning loan or in case of sale. 16. As regards Migration Certificates, as only digital copies are issued, the students cannot insist for original physical copies. 17. For the aforesaid reasons, the writ petition is allowed and the Respondent Authorities are directed to issue the Original Certificates cum Marks Statements to the Petitioners within a period of (08) weeks from the date of receipt of the copy of order. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date:09.03.2026 KLP