O.P. Garg, J. - (1.) By means of these two writ petitions, in which common questions of law and fact are involved, the various orders passed by the trial court in Original Suit No. 176 of 1998 as well as revisional court are sought to be quashed.
(2.) Counter and rejoinder-affidavits have been exchanged. Heard S./Sri S. P. Gupta and Ashok Khare, learned counsel for the petitioner--Council for the Indian School Certificate Examination [for short 'C.I.S.C.E.') Sri S. N. Varma, assisted by Sri Sharad Varma on behalf of the petitioner-St. Peter's College as well as Sri Pankaj Mittal appearing on behalf of respondent No. 3- Suraj Manchanda, a minor student represented by his father/guardian Dr. Subhash Manchanda.
(3.) Suraj Manchanda was admittedly a student of class XIIth (P. C. M. Group) in St. Peter's College, Agra. He had filled in the form for appearing in class XIIth examination which was to be conducted by the C.I.S.C.E.. The examinations were to commence w.e.f. 16.3.1998. It is alleged that though the admit card of Suraj Manchanda had been received from C.I.S.C.E.. the authorities of St. Peter's College did not issue the same and threat was held out that Suraj Manchanda would not be allowed to appear in the ensuing examination. He was, therefore.-driven to file Civil Suit No. 176 of 1998 in the Court of Civil Judge (Senior Division). Agra. In the suit, the only prayer which has been claimed is that St. Peter's College-defendant be restrained by means of a decree of permanent prohibitory injunction from detaining or precluding the plaintiff from appearing in the final examination of class XIIth to be conducted by the C.I.S.C.E. starting from 16th March. 1998. in any manner. In this suit. C.I.S.C.E. which admittedly is the examining body, was not impleaded as a party to the suit and no other consequential relief was claimed. An ad interim order of injunction was passed on 14.3.1998 directing that the defendant St. Peter's College shall not prevent the plaintiff-Suraj Manchanda to appear in the examination. Somehow. Suraj Manchanda could not appear in English paper, which was scheduled for 16th March. 1998. In pursuance of the order of temporary injunction, Suraj Manchanda. however, was successful in appearing in all other papers.;