V.N.Sinha, J.

1. Heard learned counsel for the parties.

2. Petitioner, who has been detained in Class XI by the Principal of D.A.V. Public School, BSEB Colony, New Punaichak, Patna (hereinafter referred to as the School), has filed this writ petition praying inter alia to direct the Managing Committee and the Principal of the School, Respondent Nos. 2 and 3 to grant him promotion to Class XII for the Academic Session 2007-08 so as to enable him to appear in the Central Board of Secondary Education ( hereinafter referred to as the CBSE) Examination to be held in March/ April, 2008. In this connection, it has been submitted that the petitioner passed All India Secondary School Examination, 2006 and obtained 92% marks and thereafter was admitted in the School on merit. Having pursued his studies in the School in a regular manner, he appeared in the first and second terminal Examination held in the month of August and December, 2006 in which he secured more than 60% marks. The annual examination was scheduled to be held between 9 to 20 March, 2007 but he could not appear in the annual examination as he fell ill on 4.3.2007 and was initially treated for viral fever. On 8.3.2007, he was diagnosed to be suffering from Mumps with Orchitis leading to painful movement and painful jaw movement with high fever as is evident from the certificate granted by the family Physician Dr. R.D. Singh dated 8.3.2007, Annexure-3 to this application. In the circumstances, father of the petitioner submitted an application dated 9.3.2007 to the Principal of the School, enclosing medical certificate pointing out that at the time of writing the application, petitioner was having 105 degree temperature, copy of the application was also given to the Class Teacher and is contained in Annexure-4 to this application. On account of the aforesaid illness, petitioner remained absent during the entire period of the annual examination as he could not appear in any of the subjects/ papers and for failure to appear in the annual examination, he was detained in Class XI as is evident from the result dated 30.3.2007, Annexure-2. Later, when petitioner recovered from his illness, his father approached the Principal of the School and requested him to promote the petitioner in Class XII taking into account his result of the first and second terminal examination in which he had secured more than 60% marks or to permit him to appear in any special test to be conducted for the petitioner but the Principal declined to consider any such request on the ground that once the petitioner has not appeared in the annual examination, may be on the ground of illness, he cannot be promoted to Class XII and he has to remain in Class XI for one year more as is provided in the CBSE Examination Bye-Laws, which is even applicable to the Internal Examinations conducted by the School for promotion to Class X and XII. Petitioner thereafter filed the present writ petition.

3. This Court under orders dated 17.4.2007, issued notice to the Principal of the School, Respondent No.3 directing the case to be heard again on 23.4.2007 but in the meanwhile petitioner was allowed to attend Class XII. In compliance of the said interim order, petitioner is presently attending Class XII as such, this Court is not inclined to go into the controversy which was raised by the parties as regards the implementation of the interim order by filing supplementary affidavit on behalf of the petitioner on 19.4.2007 and its reply by the Principal, Respondent No. 3.

4. The Principal, Respondent No.3 has opposed the prayer made in the writ petition by filing counter affidavit, reply to supplementary affidavit of the petitioner, two affidavits, two supplementary counter affidavit, petition dated 1.5.2007 and additional affidavit and has raised the plea that the School is not a State within the meaning of Article 12 of the Constitution of India, as such, this writ petition should be dismissed as not maintainable. In s