GOUTAM LAHIRI Vs. UNION OF INDIA

JUDGEMENT

(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.

(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.