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1994 Supreme(Del) 147

ARUN KUMAR, R.C.LAHOTI
MASTER GOKUL MALUTNA (MINOR) V. K. MAHANA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ARUN KAPIL, O.S.Rana

R. C. LAHOTI, J.

( 1 ) THE petitioner a minor student, acting through his father, has filed this petition on 17. 9. 1993 seeking a Writ of Certiorari setting aside the order of the respondent No. 3 an educational institution detaining the petitioner in the XI class treating him not entitled to promotion to XII class and a Writ of Mandamus commanding the respondents to allow the petitioner to continue his studies in XII class and also allow him to appear in CBSE Board examinations of XII standard.

( 2 ) THE respondent No. 3, The Army Public School is an educational institution of which the respondent No. 4 is the Principal. The respondent No. 1, UOI has been unnecessarily joined as a party to the petition presumably under a misapprehension of the petitioner that the UOI (through its Department of Education) had something to do with the institution. The Administrator, Union Territory of Delhi, through Director of Education also appears to be an unnecessary party in view of the stand taken by the other respondent that it was not receiving any grant-in-aid from the education department.

( 3 ) THE petitioner is a civilian. The educational institution respondent No. 3 though primarily in












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