NEELANKAR KUMAR Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner has sought a writ directing the respondent no. 1, Director of Education, to take appropriate action against the Principal, Gyan Bharti School, respondent no. 2, for the violation of terms of Circular no. F. DE/School/Promotion Rules/ 9/ 2001/ 18663-20963 dated 8.9.2001 and also for issuance of direction to the respondent no.2 to promote the petitioner to Class V or on the alternate comply with the instructions contained in circular number F. DE/school /promotion rules/9/2001/18663-20963.

(2.) Brief facts of the case are that the petitioner was a student of Class IV in the school of respondent no. 2. The petitioner contended that his result of Class IV was withheld and not declared by the respondents and therefore he filed a writ petition bearing WP(C) No. 8840/2006 seeking declaration of the annual result for Class IV which was disposed off by order dated 31.5.2006 as during the course of proceedings the respondent handed over the Class IV result of the petitioner. The marks obtained by the petitioner in the IV class exam are as under:- <FRM>JUDGEMENT_1563_ILRDLH15_2006Html1.htm</FRM>

(3.) The petitioner contended that despite having cleared four papers in accordance with Circular no. F. DE/school/promotion rules/9/2001/18663-20963 dated 8.9.2001 the petitioner was neither declared pass nor was he promoted to class V. The petitioner further contended that even if the petitioner was not eligible for promotion to 5th standard, still as per clause 32 of the circular the petitioner was eligible for appearing in the compartmental examination.