Very Important Point
The students studying in institutions not affiliated to C.B.S.E. cannot be permitted by the High Court by an interim order to appear at the examination conducted by C.B.S.E. and C.B.S.E. cannot be ulti­mately compelled to issue certificates to those students who have appeared at the examination pursuant to the interim direction of the Court.

Judgment

Pattanaik, J.-Leave granted in all the Special Leave Petitions.

2. These six appeals filed by the Central Board of Secondary Education are directed against the judgment and order of the Division Bench of the Kerala High Court dated 18.6.1997 disposing of Writ Appeal Nos. 949/97, 978/97, 285/96, 300/96 as well as the two Original Petitions filed before the Division Bench, namely, O.P. Nos. 2400/96 and 3559/96. The question that arises for consideration is : whether students studying in institutions not affiliated to the Board of Sec­ondary Education can be permitted by the High Court by an interim order to appear at the examination conducted by the Board and ulti­mately can the Board be compelled to issue certificates to those stu­dents who have appeared at the examination pursuance to the interim direction of the court notwithstanding the fact that the institutions where the students were prosecuting their study have not yet received affiliation of the Central Board of Secondary Education? Writ Appeals 949/97 and 978/97 had been preferred by the Board - Appellant, against the order of the learned single Judge dated 6.2.1997 by which order the Board was directed to allow the students of Sree Narayan Vidhya Bhavan, Chandrappinny, Thrissur to appear at the examination conducted by the Board. The learned single Judge had indicated that the said order is being passed in the peculiar circumstances of the case with­out the matter being treated as a precedent. The learned Judge also further directed that the question of affiliation to Devi Academy Educational Society, Guruvayoor will be decided by the Board. Writ Appeal No. 285/96 had also been preferred by the Board against the order of the learned single Judge dated 7.2.1996 disposing of O.P. No. 1566/96. In the said case on the basis of the order of the learned single Judge the students of the non-affiliated institutions were allowed to sit at the examination and further they were granted cer­tificates on the basis of the result of the examination with the condition that the same will be subject to the result of the O.P. The Writ Appeal No. 300/96 had also been preferred by the Board against the interim order of the learned single Judge dated 31.1.1996 by which order the High Court had permitted the students to appear at the examination conducted by the Board and then further directed that the certificates granted should be attached to the condition that the same will be subject to the result of all the pending proceedings. The two original petitions have been preferred by 23 petitioners praying therein that the certificate that has been issued in their favour with the condition that it would be subject to the final decision of the pending proceedings should be modified and they should be granted fresh certificates. All these appeals and the original petitions were disposed of by the impugned judgment of the Kerala High Court, wherein the Division Bench of the Kerala High Court taking a sympathetic and compas­sionate view of the matter and being of the opinion that students who have been permitted to take admission and who have appeared in the examination should not be allowed to suffer and accordingly modified conditions attached to the certificate and also directed that the students who have taken written examination for the 10th and 12th classes in the institution - Sree Narayana Vidhya Bhavan, Thrissur - should be granted certificates pursuant to the declaration of the result of the examination and result should be announced within one week and the certificates to be granted pursuant to the result should not impose any restriction as has been done in other cases. Similar directions were also issued in other writ appeals as well as the original petitions filed before the Division Bench.

3. There is no dispute that the institution in which these students had pursued their studies have not yet received any affiliation from the Central Board of Secondary Education, who is the