1. The petitioner was a student of Class - VIII in Delhi Public School, Durg for the academic year 2017-18. He was not allowed to appear in the examination of said class by the school authorities, but on the order of the District Education Officer, Durg, on 9-4 - 2018, he was allowed to appear in the examination, however, he only appeared in four papers and he remained absent in two papers namely Sanskrit and Mathematics. His result was declared on 28-3-2018, but he was not promoted to Class - IX leading to filing of writ petition stating inter alia that right to education up to the age of 14 years is a fundamental right guaranteed under Art.21 - A of the Constitution of India and by virtue of the provisions contained in S.16 of the Right of Children to Free and Compulsory Education Act, 2009 (for short, 'the Act of 2009'), no child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education. Since the petitioner was a student of Class - VIII which also comes within the meaning of elementary education, therefore, the respondent School is not justified in holding back the petitioner and not promoting him to Class - IX an