AKSHITA KOHLI Vs. DIRECTORATE OF EDUCATION AND ORS.

JUDGEMENT

(1.) THE petition (filed on 19th March, 2015) seeks a mandamus directing the respondent No. 3 Guru Nanak Public School (GNPS), Punjabi Bagh, New Delhi and respondent No. 5 Central Board of Secondary Education (CBSE) (wrongly impleaded as Central Board of Secondary School) to permit the petitioner to take the examination for Class XII for the academic session 2014 -15 (and which examination commenced from 2nd March, 2015) as a regular student and to also allow her to appear as Eligible for Improvement of Performance (EOIP) candidate for examination in subjects already held. Further relief of prohibiting the respondent No. 3 GNPS from giving effect to their order detaining the petitioner in Class XI on the ground of shortage of attendance and absence in examination, is also claimed.

(2.) THE writ petition is dated 18th March, 2015 and came up before this Court first on 23rd March, 2015. The counsel for the petitioner informs that by the time the writ petition was filed, the examination conducted by the respondent No. 5 CBSE in two of the subjects were over.

(3.) A counter affidavit has been filed by the respondents No. 1&2 Directorate of Education (DoE). No counter affidavit has been filed by the respondent No. 4 Delhi Commission for Protection of Child Rights (DCPCR) or the respondent No. 5 CBSE. Col. S.S. Bhandari (Retd.), Honorary Manager of GNPS, Punjabi Bagh, Delhi appears in person and has handed over a reply which is taken on record.