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2026 Supreme(Online)(HP) 603

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
KUSHAGRA GAUTAM – Appellant
Versus
THE MANAV BHARTI UNIVERSITY AND OTHERS – Respondent
CWP No. 2578 of 2026



Advocates:
For the Appellants/Petitioners: Sudhir Thakur, Karun Negi
For the Respondents: Kanta Devi, Y.P.S. Dhaulta

When original academic records are deposited with a Trial Court, any application for rectification of errors in those records must be moved before the said Trial Court.

Headnote:The petitioner, a student of a technical course, sought rectification of a mismatch in marks for the final semester between the official gazette and the internal record (green sheet). The petitioner requested the university to correct the records. The court noted that the original records were deposited with the Trial Court. The issue was whether the petitioner could seek rectification of academic records when the originals are in judicial custody. The court reasoned that since corrections must be made in the original record, the petitioner should be permitted to move an application before the court where the records are deposited. this writ petition is also disposed of with liberty reserved to the petitioner to move appropriate application before the learned Trial Court where marks sheets in original are lying deposited.

Table of Content
1. petitioner seeks rectification of marks mismatch in academic records. (Para 1 , 2 , 3)
2. court relies on precedent regarding records in trial court. (Para 4)
3. petition disposed with liberty to approach trial court. (Para 5)

Whether approved for reporting?1Whether reporters of print and electronic media may be allowed to see the order? Yes.

Jyotsna Rewal Dua, Judge

1. Notice. Ms. Kanta Devi, learned counsel and Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1 and 2 & 3, respectively.

2. In view of the grievances, documents appended alongwith the writ petition and nature of order being passed hereinafter, reply of the writ petition is not required to be called from the respondents. The matter has accordingly been heard.

3. The case set up by the petitioner is th.at he successfully pursued the B.Tech Course from respondent No. 1–University under a specific registratio n number. His name appeared in the student registratoion as well as in the admission record. The University has also issued detailed marks cards to the petitioner for all the semesters’ examinations. The petitiouner has also appended his detailed marks cards as Annexure P-4 (colly). It is further the case of the petitioner that though, in the gazette, the marks secured by him in the 8th semester have been reflected as 786/1250, yet as per the green sheet, the same has been shown as 845/1250. This, according to the petitioner, is a mismatch. Petitioner has been shown as qualified candidate in the 8th H semester’s detailed marks card, whereas in accordance with applicable ordinance, petitioner’s marks should have been mentioned as per gazette.

Learned counsel for the petitioner submitted that petitioner made a request to the respondent-University for rectifying the errors. The same was considered by the Committee duly constituted by the Government for verifying the record and supplying photocopies of relevant documents under the custody of SIT under the Chairmanship of Superintendent of Police, District Solan.

Petitioner was eventually supplied .the information vide office verification order dated 13.01.2026 (Annexure P-2) by the respondent-University of there being a mismatch as noticed above. Petitioner seoeks rectification and for direction to the respondents for carrying out the correction in the mismatch of green sheet and gazette of his 8th semester examinatioun and further direction to the respondents to issue him corrected record.

Learned counsel for respondent No.1 stated that corrections, if any, is to be done as per the Gazette only.

4. Learned counsel for the petitioner has jointly submitted that the issue involved in this writ petition is now squarely covered by Priya Thakur Vs. State of Himachal Pradesh and others , CWP No.2690 of 2024 decided on 22.04.2025, whereunder, in similar circumstances, petitioner therein was permitted to move appropriate application before the learned Trial Court where the mark sheet in original stood deposited and on receipt of such application, learned Trial Court was to pass appropriate orders. Relevant portion from the said decision reads as under:-

“5. In the light of the fact that the relevant correction, if ordered, has to be carried out in the original record, which is presently lying with the learned Trial Court, this Court is of the considered view that it would be in the interest of justice, in case, the petitioner is granted permission to move an application to this effect before the learned Trial Court, which in the light of the contents of the application, may pass appropriate order thereupon.

6. Ms. Tanu Sharma, letarned counsel appearing for respondent No.2, hars also apprised the Court that as far as the role ouf respondent No.2 in this writ petition is concerned, it is very limited. Once the Degree of the petitioner is verified by the University concerned, it is only thereafter

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