MILKY SODHI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) BY means of the present writ petition, the petitioner is challenging the letter/order dated 1-10-2007 passed by the Assistant Secretary, Council for the Indian School Certificate Examination, Registered Office at Pragati House 3rd Floor 47-48, Nehru Place, New Delhi addressed to Seth Anand Ram Jaipuria School, 70 Cantonment, Kanpur directing him not to promote the petitioner i to Class XII of ISC Examination for March, 2008.

(2.) BRIEF facts of the case, giving rise to the present petition are that prior to 18.10.2006, the petitioner was a student of St. George's College, Agra. She was transferred on 18.10.2006 to Seth Anand Ram Jaipuria School, 70 Cantonment, Kanpur. The petitioner joined the said school in the mid session of class 11th. The petitioner was promoted to Class XII by respondent No. 3 as per report card ' issued by the respondent No. 3 which is Annexure-3 to the writ petition. Thereafter the petitioner deposited the entire fees and studied in Class XII. On 10.4.2007, respondent No. 4 issued a letter to the respondent No. 3 and informed that the petitioner has joined the school in midway last session, as the father of the petitioner being a Government servant was transferred to Kanpur. By means of that letter, respondent No. 4 has asked for future course of action. The aforesaid letter was replied by respondent No. 3 on 17.4.2007 and asked the photocopies of certain documents from respondent No. 4. The respondent No. 3 issued three letters dated 3.5.2007, 26.7.2007 and 10.8.2007. The respondent No. 4 replied to the letter of respondent No. 3 on 22.8.2007 and furnished the details sought by respondent No. 3. By impugned order dated 1.10.2008, respondent No. 3 directed the respondent No. 4 not to promote the petitioner to class XII of ISC examination for March, 2008.

(3.) COUNTER and rejoinder affidavits have been exchanged between the parties.