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2026 Supreme(Online)(HP) 3080

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Kaviraj – Appellant
Versus
State Of H.P. – Respondent
CWP No.9088 of 2026



Advocates:
For the Appellants/Petitioners: Sohail Khan, Rajesh Kumar
For the Respondents: Anup Rattan, L.N. Sharma, L.S. Mehta, Kanta Thakur

Where academic records are held in judicial custody, the appropriate forum for seeking verification or correction is the trial court overseeing the evidence, following the procedure for releasing documents from judicial custody.

Headnote:The petitioner filed a writ petition seeking directions to the respondent-university to issue his degree and marks cards after successful completion of his B. Tech course. The court noted a discrepancy in the marks recorded in the gazette versus the original document and referenced a previous similar case, Priya Thakur Vs. State of Himachal Pradesh, wherein the court directed the applicant to approach the trial court where the documents were deposited. The main issue is the methodology for correcting clerical errors in academic records that have been seized or deposited in judicial custody. The ratio decidendi established is that where academic document verification is hampered by ongoing judicial investigations or custody, the appropriate remedy lies in the applicant approaching the concerned trial court to secure the release or verification of the documents through a formal application. The writ petition was disposed of with liberty granted to the petitioner to move an appropriate application before the trial court where the original mark sheets are deposited.

Table of Content
1. petitioner seeking release/correction of academic credentials withheld due to administrative/investigative discrepancies. (Para 2 , 3)
2. applying precedent to direct the petitioner to the trial court for document record verification. (Para 4 , 5)

Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, learned Additional Advocate General, Mr. L.S. Mehta and Ms. Kanta Thakur, learned counsel, appear and waive service of notice on behalf of the respective respondents.

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 that he successfully completed the B. Tech Degree course from respondent No.4–University under a specific registration number. His name appeared in the student registration as well as in the admission record. The University has not issued detailed marks cards to the petitioner for any of the semester examinations till date. It is further the case of the petitioner that though he has successfully completed B. Tech Degree course and cleared all the exams, but the respondent-University has not issued him provisional and final degree alongwith other relevant documents till date.

Learned counsel for the petitioner submitted that petitioner had made a request to the respondent- University for rectifying the errors. The same was not 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. Feeling aggrieved, the petitioner has filed this writ petition.

Learned counsel for respondents No.4 & 5 stated that there seems to be mismatch of marks in the Gazette and DMC of 3rd semester as the gazette/result of 3rd semester shows 701/1200 marks, but as per entry made of DMC on green sheet, it shows 684/1200, which is a clear mismatch and that the correction, if any, is to be done as per the Gazette only.

4. Learned counsel for the parties have jointly submitted that the issue involved in this writ petition is now squarely covered by Priya Thakur Vs. State of Himachal Pradesh and others2, 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.

5. In view of above, without examining the merits of the matter, this writ petition is 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. In case of moving of such application, the concerned learned Trial Court shall pass appropriate orders thereupon. All rights & contentions of the parties are left open.

Pending miscellaneous application(s), if any, also stand disposed of.

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