How can I file a mandamus writ against CBSE delay?

Advocate Ayantika Mondal Answered: 04 Dec 2024

Identify the appropriate jurisdiction to which mandamus writ could be filed against CBSE as there is delay in getting the certificate corrected. Determine your case would fall under the high court's jurisdiction or that of the supreme court, keeping the specific details of the case in mind. Draft a petition with the facts of the case, the specific duty which CBSE has failed to perform, and the legal grounds of the case along with proof that you have tried resolving the issue. Once drafted, file the petition with the court along with whatever fee is payable, accompanying it with a correct format of documents. One is required to serve a notice on CBSE informing them that a petition has been filed against them. The litigant also attends court hearings and responds to queries raised.

Advocate A M Iktear Uddin (anik) Answered: 28 Nov 2024

To file a mandamus writ against CBSE for delay in the certificate correction process, you need to establish that your legal right has been infringed by their inaction. Under Article 226 of the Constitution of India, you can file the writ petition in the High Court seeking a directive to CBSE to expedite the correction process. Ensure that you have exhausted alternate remedies, such as formal complaints to CBSE or its grievance redressal mechanisms. Attach relevant documents, such as proof of correction requests and correspondence, to support your case. Consult a lawyer to draft and file the petition effectively.

Advocate By LEAD INDIA Answered: 28 Nov 2024

Sir, if CBSE is unreasonably delaying the correction of your certificate then you can file a Mandamus writ in the High Court but you must ensure that you have followed all necessary steps including formal requests and legal notices before approaching the court. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.