W.P.No.5919/2011 1 02/11/2011 Shri Pawan Dwivedi, Advocates for the petitioners. Shri J.P. Mishra, Advocate for the respondent No.1-Board. The petitioners have filed this petition in regard to issuance of an direction to the respondent No.1 to issue original mark-sheet to the petitioners. The petitioners were admitted in the D.Ed. Examination, because the institution in which the petitioners were admitted had no proper affiliation, hence, the petitioners were not permitted to appear in the examination. Thereafter, a writ petition was filed by the institution before the High Court, those, petitions were rejected and against the order of the High Court, Special Leave Petition were filed before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide interim order permitted the students to appear in the final examination. The grievances of the petitioners in this petition is that the petitioners appeared in the examination of D.Ed. Course and their results has also been declared and they have passed the examination, however, the Board has not supplied the mark-sheet of the petitioners. W.P.No.5919/2011 2 The Board in its short reply has submitted that the petitioners were permitted in the examination and their result were declared due to the interim order passed by the Hon'ble Supreme Court and the matter is pending before the Hon'ble Supreme Court. Keeping in view the facts and circumstances of the case, it is clear that the matter has already been pending before the Hon'ble Supreme Court, due to interim order passed by the Hon'ble Supreme Court the petitioners were permitted to appear in the examination and their results were declared, however, because the matter is subjudice before the Hon'ble Supreme Court, their mark-sheet has not been supplied. Hence, this Court under Article 226 cannot pass an independent order. The petitioners are at liberty to approach before the Hon'ble Supreme Court for their relief. The petitioners are also at liberty to approach before the respondent-Board. It is also submitted by the learned counsel for the petitioners that other students have been issued the mark-sheet by the Board, however, the learned counsel for the respondent-Board has denied the aforesaid submission and submitted that their mark-sheet has also been re-called, however, because the matter is W.P.No.5919/2011 3 pending before the Hon'ble Supreme Court, in our opinion, it would not be just and proper to enter into the controversy, at this stage. With the aforesaid observation, the petition of the petitioners is disposed of. (S.K.Gangele) (Brij Kishore Dube) Judge Judge (ra)