RAJES KUMAR, J. - (1.) BY means of the present writ petition, the petitioner is challenging the letter/order dated 1-10-2007 passed by the Assistant Secretary, Council for the Indian School Certificate Examination, Registered Office at Pragati House 3rd Floor 47-48, Nehru Place, New Delhi addressed to Seth Anand Ram Jaipuria School, 70 Cantonment, Kanpur directing him not to promote the petitioner i to Class XII of ISC Examination for March, 2008.
(2.) BRIEF facts of the case, giving rise to the present petition are that prior to 18.10.2006, the petitioner was a student of St. George's College, Agra. She was transferred on 18.10.2006 to Seth Anand Ram Jaipuria School, 70 Cantonment, Kanpur. The petitioner joined the said school in the mid session of class 11th. The petitioner was promoted to Class XII by respondent No. 3 as per report card ' issued by the respondent No. 3 which is Annexure-3 to the writ petition. Thereafter the petitioner deposited the entire fees and studied in Class XII. On 10.4.2007, respondent No. 4 issued a letter to the respondent No. 3 and informed that the petitioner has joined the school in midway last session, as the father of the petitioner being a Government servant was transferred to Kanpur. By means of that letter, respondent No. 4 has asked for future course of action. The aforesaid letter was replied by respondent No. 3 on 17.4.2007 and asked the photocopies of certain documents from respondent No. 4. The respondent No. 3 issued three letters dated 3.5.2007, 26.7.2007 and 10.8.2007. The respondent No. 4 replied to the letter of respondent No. 3 on 22.8.2007 and furnished the details sought by respondent No. 3. By impugned order dated 1.10.2008, respondent No. 3 directed the respondent No. 4 not to promote the petitioner to class XII of ISC examination for March, 2008. It appears that vide letter dated 1.10.2007, respondent No. 4 has informed the respondent No. 3 that the father of the petitioner was a Government servant and was transferred from Agra to Kanpur and also mentioned therein that as the admission was done very late in the mid session and there was difficulty for the admission for her adjustment, therefore, on the humanitarian ground, her case may be considered positively, so that she may not loose academic year of her life. It appears that after the impugned order/letter dated 1.10.2007, the respondent No. 4 again wrote a letter dated 30.10.2007 to the respondent No. 3 and requested therein that not to penalize a child for no fault of her and again requested to take a sympathetic view to the request of respondent No. 4 to allow the petitioner in ISC Board Examination in March, 2008. Respondent No. 4 further wrote a letter dated 5.11.2007 to the respondent No. 3 and requested to permit the petitioner to appear in the examination, but when the respondent No. 3 could not respond to the aforesaid letter, the petitioner filed the writ petition.-This Court vide order dated 27.02.2008 permitted the petitioner provisionally to appear in Class XII examination and notices were issued to the respondents.
(3.) COUNTER and rejoinder affidavits have been exchanged between the parties.;