Srinagar, Aug 1: The High Court has directed the Board of Secondary School Education (BOSE) to issue certificates to a candidate who had appeared in Class 12th examination without clearing his matriculation backlog, which was mandatory for him as per Board norms.
 Court of Justice Muzaffar Hussain Attar asked the BOSE to issue the necessary certificates to the candidate within three weeks after receiving the court order.
 The BOSE has been also directed to nullify its order by virtue of which it had cancelled the 12th class examination of the candidate on the grounds that the candidate had taken the examination illegally as the Principal of Higher Secondary had passed his form by a mistake.
 The examination norms of the Board explicitly clear that if a candidates failed to clear his backlog in matric , passed his 11th class, he cannot appear in 12th class examination.
 But, Samiullah Dar, a candidate who had not cleared his backlog, appeared in 12th class examination as his form was accepted by the Board and he was allowed to appear, which the Board officials say was due to a mistake committed by the Principal.
 Counsel for the petitioner, Sheikh Mushtaq informed the Court that in the light of Supreme Court Judgments, the candidate’s examination cannot be nullified.
 “Once the candidate is allowed to take examination, rightly or wrongly then the statute which empowers the University to withdraw the candidature of the applicant has worked itself out and the candidate cannot be refused admission subsequently for any infirmity which should have been looked into before giving the candidate permission to appear,” reads the SC judgment which was cited by the Counsel of the petitioner in the Court.

Lastupdate on : Mon, 1 Aug 2011 21:30:00 Makkah time
Lastupdate on : Mon, 1 Aug 2011 18:30:00 GMT
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