APHC010181362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 514 of 2026 Bench Sr.No:- 27 [3584] The Central Board of Secondary Education and others ...Appellant(s) Vs. Ayyagari Hima Kavya and others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 3rdSeptember 2026 Present : Advocate for Appellant(s): Mr. T D Phani Kumar Advocate(s) for Respondent(s): Ms. Nagamani Banavath for R.1 to R.53 GP for School Education for R.55 & R.56 LISA GILL, CJ: This appeal, filed by Central Board of Secondary Education (CBSE) and another, is for setting aside order,dated 09.03.2026, passed by learned Single Bench, whereby writ petition filed by respondents- writ petitioners has been allowed. 2. W.P.No.26526 of 2025 was filed by respondents – writ petitioners with following prayer: “to 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- 2 WA_514_2026 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” 3. All writ petitioners had taken their Class-X CBSEExamination held in March-April 2025 through Nirmala CBSE High School, Atmakur, Mangalagiri and had successfully cleared examination. Original pass certificates-cum- marks statements and migration certificates were issued by CBSE and sent to school in question,however, school authorities statedly misplaced certificate bundle with the result that original pass certificates were not issued to students leading to registration of F.I.R.No.395 of 2025 dated 08.09.2025under Sections 316 (2), 318(2), and 381 read with 3(5) of Bharatiya Nyaya Sanhita against respondent School. As original pass certificates were not being issued to writ petitioners,W.P.No.26526 of 2025 was filed by writ petitioners. 4. Stand taken by CBSE was that original pass certificates-cum-marks statements in respect of writ petitioners had already been issued by CBSEi.e. certificates carrying serial numbers from 2243301 to 2243382 were issued for 82 students. 5. Respondent - School had stated that bundle of certificates had somehow been misplaced and could not be traced despite their best efforts. 6. In the given circumstances, as per CBSE, original certificates already stood issued and that subsequent certificates will necessarily have to be marked as duplicate on the top. 3 WA_514_2026 7. Learned Single Bench while referring to Rule 63 and 67 of Examination Bye-laws of CBSE held that educational certificates are property of students and CBSE is under an obligation to ensure that original certificates are actually and physically handed over to the student and the obligation cannot be discharged by issuance of duplicate certificates even though duplicate may be stated to be as good as original, because there is always possibility of doubt being cast thereon. Board was thus directed to issue original certificates-cum- marks certificates to petitioners within 8 weeks from date of receipt of copy of the order. Aggrieved therefrom, present writ appeal was filed. 8. During course of arguments, learned counsel for appellants was asked to seek instructions as to whether any kind of endorsement can be made on a subsequent certificate which is issued in the peculiar circumstances of cases such as the present, where student/candidate is not at fault so as to protect the interest of students/candidates when presenting such a certificate for purposes of admission or employment. 9. Learned counsel for appellants while referring to communication dated 31.08.2026, submits that appellant – Board is ready to issue subsequent certificates with a „note‟ at the bottom thereof, containing a brief/short description/recital, stating that fresh pass certificate/ detailed marks sheet is being issued, due to loss of previously issued pass certificate/marks sheet by the institution (Nirmala CBSE School), as per F.I.R.No.395 of 2025 dated 08.09.2025 and the same shall be treated as original certificate for all 4 WA_514_2026 purposes. There shall be no mention of the word „Duplicate‟ at the top of the certificate or otherwise. 10. Learned counsel for respondents–writ petitioners submits that such course of action is acceptable to respondents – writ petitioners and they have no objection in case a subsequent certificate is issued with the said noteas above, at the bottom thereof. 11. It is agreed that all 82 certificates i.e. of all 53 writ petitioners, as well as remaining 39 students (who are not arrayed as parties before us) shall be submitted before District Education Officer, Guntur, who would further facilitate collection of said certificates by respective students under receipt, within a period of three weeks from the date of uploading of this order. 12. Writ Appeal is disposed of accordingly. No costs. Pending miscellaneous applications, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J Akn/SSN Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 5 WA_514_2026 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICECHALLA GUNARANJAN Writ Appeal No:514 of 2026 DATE : 03.09.2026 AKN/ssn 65