- (1.) ESSENTIALLY , this petition prays for issuance of a writ in the nature of mandamus directing the respondents to ensure that ward of the petitioner may not be restrained from attending Class XII run by respondent nos.4 and 5 i.e. Principal, Scholars' Home and Manager of the said school.
(2.) FACTS in brief are that son of the petitioner was a student of Class XI. The said student appeared in the Term -I Half -Yearly, Term II and Final examination of class XI for academic session 2012 -13. Performance of the student was poor in all the four examinations conducted during the year and, therefore, the petitioner was declared failed in Class XI.
(3.) IT is the case of the respondent -School that report -cards in regard to performance of the student were sent to the parents, which have been duly signed by a parent. Under the circumstances, the parents were made aware of the poor performance of the student. Be that as it may, because the student failed in the final examination in two subjects, including English which is a compulsory subject, the student was allowed to take re -examination. As per Annexure -2 appended with the short counter affidavit of respondent nos.3 and 4, the students again failed in English subject.;