K.R.MOHAPATRA,J. - (1.) Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
(2.) The prime question involved in this writ petition is with regard to promotion of the petitioner no.2 from Class-XI to Class-XII who is prosecuting his studies (Commerce Stream) in Delhi Public School, Kalinga, Adhalia, Cuttack (for short 'the School').
(3.) Short narration of the fact relevant for just and effective adjudication is that the petitioner no.2, who is the son of petitioner no.1, took admission in Class-XI in the School during the academic session 2019-20. Unfortunately, the petitioner no. 2 was taken into custody on 17.02.2020 in connection with Saheed Nagar P.S. Case No. 87 of 2020. Subsequently, he was released on bail pursuant to the order passed by this Court on 16.03.2020, which was further modified vide order dated 19.03.2020. In the meantime, the Annual Examination of Class-XI was conducted by the School with effect from 18.02.2020. As the petitioner no.2 was in custody at the relevant period, he could not appear in the said Annual Examination of Class-XI. On 22.03.2020, Nation Wide Lockdown was imposed due to outbreak of COVID-19 and the petitioners could submit representation only on 17.06.2020 requesting the school authorities (opposite parties 5 and 6) to allow the petitioner no. 2 to appear in the re-test of Annual Examination of Class-XI, which was scheduled to begin from 01.07.2020. But, the petitioner no.2 was not allowed to appear in the said examination as he had not approached the school authorities earlier. The petitioners had also approached the Odisha Human Rights Commission, Bhubaneswar agitating their grievances and by order dated 26.06.2020, the Commission requested the opposite parties 5 and 6-school authorities to consider the case of the petitioner no.2 and allow him to appear in the re-test Annual Examination of Class-XI, but to no effect. As such, the petitioner no. 2 could not appear in the said re-test Annual Examination of Class-XI. Thereafter, the petitioners have approached this Court in the present writ petition seeking a direction to the opposite parties 5 and 6 to allow the petitioner no. 2 to appear in the re-test Annual Examination of Class-XI. This Court vide interim order dated 17.07.2020 directed the opposite parties 5 and 6 to provide the Id and Password to the petitioner no.2 for enabling him to access to the Online classes of Class-XII (Commerce Stream). Since then, although the petitioner no.2 is attending classes, but the school authorities did not also allow him to sit in the 1st Semester Examination of Class-XII as there was no such direction in the interim order and the petitioner no.2 is not promoted to Class-XII. It is submitted at the Bar that the Test/Half Yearly Examination of Class-XII(Commerce Stream) will commence from 12.10.2020. But, the school authorities are not allowing the petitioner no.2 to sit in the said examination of Class-XII as he has not cleared the re-test Annual Examination of Class-XI as well as 1st Semester Examination of Class-XII.;