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Judgment
The affidavit-of-service and the e-mail sent to the respondents be kept on record. The petitioner represented by his father has preferred the writ
petition inter alia praying for issuance of necessary direction upon the respondents to allow him to appear in the final examination of Class-XI in the
Kendriya Vidyalaya NTPC, Farakka (in short, the said school) which is scheduled to commence on and from 3rd March, 2018. The father of the
petitioner submits that the petitioner emerged to be successful in the terminal examination of ClassXI. Thereafter, though he attended the school
after recovering from his ailments, his attendance in class was not marked by the class teacher. The respondent no.4 was approached for
regularization of the attendance but in vain. Subsequently, in the month of February, 2018, the petitioner came to learn from a letter dated 16th
February, 2018, addressed to the guardian of another student that he would not be permitted to appear in the final examination of Class-XI.
Prima facie no reason towards denial of such permission has been incorporated in the document annexed at page 22 of the writ petition. For grant
of an interim order, the Court is required to put into the scales the need to protect the interest of the petitioner in the event the writ petition ultimately
succeeds inasmuch as in such eventuality, the petitioner would be faced with a fait accompli since by that time the examination would be over.
In the said conspectus of facts and reasons, I am of the opinion that the petitioner is entitled to an interim order.
Accordingly, the respondents are directed to allow the petitioner to participate in the final examination of Class-XI in the said school, which is due to
commence on and from 3rd March, 2018.
It is, however, made clear that such participation in the said examination would not create any equity in favour of the petitioner and his result shall not
be declared without the leave of the Court.
The respondents would be at liberty to file their affidavits-in-opposition within two weeks. Reply thereto, if any, be filed within a week thereafter.
List this matter for final hearing in the daily supplementary list of this Court on 10th April, 2018.
Urgent photostat plain copy of this order countersigned by the Assistant Registrar (Court) be given to the parties on priority basis.