PRINCIPAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Rajendra Prasad Singh, learned senior counsel for the appellant, and Mr. Vinod Kumar Kanth, learned senior counsel for contesting respondent no. 4.

(2.) THIS Letters Patent Appeal arises out of an order passed by a learned single Judge of this Court in C.W.J.C. No. 4707 of 2007.*

(3.) THE short facts giving rise to this writ application are as under: '' The writ petitioner, who was student of Class XI of DAV Public School, P.S. BSEB Colony, New Punaichak, Patna, failed to appear in the final examination of Class XI to be held by the school in question commencing from 9th of March, 2007 on account of his illness. In token of the same, the parent/guardian of the writ petitioner made an application on the same date addressed to the Principal of the school in question informing him that the writ petitioner was not in.a position to take up his examination. For non -appearance of the writ petitioner, however, he was not promoted to Class XII for academic session 2007 -2008 and consequently thereof, this writ application was filed with a prayer to issue a writ of mandamus commanding upon the respondents to promote him to Class XII for the academic session 2007 -2008, so that he could appear at the CBSE Board Examination of the year 2008.