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,