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2026 DAILYLAW 25630 (HP)

KARAN GAUTAM v. THE STATE OF HP AND OTHERS

CWP/16947/2026 · 2026-09-30

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16947 of 2026 Date of Decision: 30.09.2026 _______________________________________________________ Karan Gautam …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Prikshit Rathour, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondents- State. Ms. Kanta Thakur, Advocate for respondents No.3 and 4. ____________________________________________________ Sandeep Sharma, Judge(oral): Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Prikshit Rathour, learned counsel representing the petitioner, is that petitioner had passed B.A. in the academic session 2016 to 2019 from Manav Bharti University (respondent No. 3) and thereafter, on the basis of result of B.A., he obtained admission in LL.B. course in the academic session 2019 to 2022 vide registration/enrolment No. 91106942. Petitioner completed his course in the year 2022 successfully, but till 1Whether the reporters of the local papers may be allowed to see the judgment? 2 date, neither degree for B.A. nor for LL.B. has been issued by the respondent-University, as a result thereof, petitioner’s future is at stake. 2. Careful perusal of instructions dated 08.07.2025 imparted by Registrar of respondent No. 3-University to its counsel (Annexure R-1) reveals that name of the petitioner is appearing in green sheet, but inadvertently against his Roll No. R16BAGN0032, name of Mr. Karan Rawat S/o Mr. H.S. Rawat was sent to HP-PERC in admission disclosure list. Though, name of the petitioner is appearing in approved list and as per examination record/gazette, he has also cleared 1st to 6th semester examinations, but he appears to have been not issued DMCs (Detailed Marks Certificates) for all semesters on account of wrong mentioning of his name. As per entry made in green sheet, petitioner has been issued DMCs for all semesters, but marks of DMC for the 3rd semester as per entry made on green sheet show 6.35/10, whereas copy of gazette (3rd semester) shows 6.15/10, which is mismatch. 3. Ms. Kanta Thakur, learned counsel representing the respondent-University fairly states that entire confusion has arisen on account of mismatch in the copy of gazette as well as green sheet. She states that petitioner herein may be directed to approach the learned trial Court where entire record stands deposited, for 3 correction, because without there being availability of correct/original record, it may not be possible for respondent-University to do the needful. 4. Learned counsel representing respondent No. 3 fairly admits that case of the petitioner is covered by the decision rendered by the Hon'ble Apex Court in Pratima Das versus State of Himachal Pradesh and others, SLP (Civil) No. 15180/2025, decided on 06.01.2026, wherein petitioner was found to be enrolled in green register, but her name was not reflected in the admission disclosure list, rather name of another person had been mentioned against the admission number assigned to Pratima Das. Respondent No. 3 University acknowledged the mistake at its end while preparing the admission disclosure list, wherein name of Pratima Das had not been mentioned. The Special Leave Petition therefore was decided as under: “20. From the above affidavit and documents on record, it is undisputed that the Appellant has been a bona fide student of MB University and had cleared all her examinations. It is also evident that the exclusion of the name of the Appellant in the admission disclosure list has occurred due to no fault on part of the Appellant, rather the same is at the hands of the University for which the Appellant cannot be made to suffer. 21. Having regard to the above established facts based on records, we are of the view that the Appellant has been deprived of her documents for no fault of hers for a substantial period of time and relegating her to another court of competent jurisdiction as observed by the High Court vide the impugned order dated 20.12.2024 would no more be required as there is no factual dispute left. 22. In view of the above, the appeal is allowed and MB University is directed to issue the marksheets of 5th to 10th semester, the degree and any other relevant documents, if any, to the Appellant within four weeks from today.” 4 5. Since it is apparent from the record that petitioner was a bona fide student of respondent No. 3-University and he had cleared his examination of B.A. as well as LL.B., however, due to clerical error, his name was not included in admission disclosure list sent to HP-PERC, instead, the name of one Mr. Karan Rawat was erroneously mentioned in place of petitioner's name and roll number, prayer made on behalf of the petitioner deserves to be allowed. 6. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the same, reserving liberty to the petitioner to approach learned trial Court with appropriate application for correction in his DMC’s as well as degree, which shall be permitted by learned trial Court after perusing the record. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge September 30, 2026 (shankar)