- (1.) THE petitioner's son is a student of WWA Cossipore English School (hereafter the school). THE school is affiliated to the Council for the Indian School Certificate Examinations (hereafter the Council).
(2.) THIS petition dated May 3, 2010 has been presented by the petitioner feeling aggrieved by the action of the school in not promoting his son to class X from class IX. According to the petitioner, his son had succeeded in obtaining marks more than that stipulated by the Council for regulating promotions of students from class IX to class X and, therefore, have acted without jurisdiction. Mr. S.K. Mukherjee, learned advocate representing the petitioner has taken pains to demonstrate before the Court that the petitioner"s son was entitled to be promoted to class X in terms of the regulations framed by the Council. He, accordingly, prayed for an order on the school to promote the son of the petitioner to class X and further order on the Council to allow him appear at the School Final Examination scheduled next year waiving the minimum attendance criterion. Mr. Baid, learned advocate for the Council, has supported the stand of the petitioner that his son has been declared unsuccessful in deviation of the pass criteria fixed by the Council. Insofar as permission to appear at the School Final Examination scheduled next year without the requisite percentage of attendance is concerned, he submitted that condonation below 60% cannot be made under any circumstances, but if the Court on consideration of the facts and circumstances of this case passes an order, the Council would be bound to act in terms thereof.
(3.) MR. Bhattacharya, learned advocate for the school opposed the writ petition by contending that the minimum marks stipulated by the Council i.e. 35% in all subjects was never communicated and, therefore, the school had fixed 40% minimum score in all subjects as the pass marks. The petitioner"s son failed to secure 40% marks and, therefore, was rightly detained in class IX. It was also submitted by him that after securing promotion to class IX from class VIII, all the students have been provided with the school diary. It has been mentioned therein for information of all concerned that 40% marks would be the pass marks. The parents of the students were well and truly aware right from the beginning of the session that 40% is the pass marks and, therefore, after the student was detained, the petitioner cannot turn around and claim that 35% should be pass marks.;