IMPORTANT POINT
Interim orders passed by the Courts permitting students to undertake the examination of the Central Board of Secondary Education though they were not entitled to appear in the examinations, are detrimental to education and its efficient management as they are aberrations and it is subversive of academic discipline.

JUDGMENT

Arijit Pasayat, J. - Leave granted.

2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Jharkhand High Court dismissing the Letters Patent Appeal which was filed by the Cambridge School Parents Association and another questioning legality of the judgment and order dated 15.6.2006 passed by a learned Single Judge in a Writ Petition. In the Writ Petition prayer was for a direction to the respondent-Central Board of Secondary Education (in short the CBSE) to allow the students to appear in the examination conducted by CBSE and to publish their results. The Writ Petition related to 159 students of Class X and 121 students of class XII of the Cambridge School, Tatisilwai, Ranchi for appearing in the examination which was scheduled to be held on 1st March, 2006. Though initially learned Single Judge had permitted candidates to appear pursuant to interim order dated 27.2.2006, subsequently the writ petition was dismissed on the ground that the school was not affiliated to the CBSE and, therefore, no direction sought for could be given. In the appeal filed under Clause 10 of Letters Patent, the view was endorsed.

3. In support of the appeal learned counsel for the appellants submitted that for no fault of theirs, the academic career of nearly 300 students is being jeopardized. Non-affiliation for some particular years has been highlighted by learned Single Judge and the Division Bench overlooking the facts that affiliation has been granted on 29.8.2006 for the academic session 2006-07 covering the period from 1.4.2006 to 31.3.2007.

4. In response, learned counsel appearing for CBSE and its functionaries submitted that the present appellants were proforma respondents before the High Court and the Cambridge School Parents Association purporting to be an unregistered Association of Parents of children studying in the said institution was the appellant. Further one of the proforma respondents was the appellant No. 2 before the High Court. It is pointed out that law is fairly well settled that students of non-affiliated schools cannot claim any relief on equitable ground. Any sympathy shown to the students of the unaffiliated and/or non-recognised institutions would be misplaced sympathy.

5. Certain facts which are undisputed need to be noted:

The respondent No. 4 the Cambridge School had applied for grant of affiliation in September 1994 and was granted affiliation for a period of three years i.e. with effect from 1.4.1994 to 31.3.1997. The school applied for upgradation to plus 2 stage and the school was accorded upgradation up to plus 2 stage for a period of three years from 1.4.1996 to 31.3.1999. The affiliation of the school at Secondary/Sr. Secondary level was further extended for a period of three years from 1.4.1999 to 31.3.2002 and thereafter up to 31.3.2005 subject to fulfillment of Examination Bye Laws and the Affiliation Bye Laws of CBSE. As per the Affiliation Bye-Laws of CBSE, the school applying for affiliation has to fulfill certain essential conditions. The relevant provisions relating to affiliation in the Bye Laws are as under:

(i)It is mandatory for a school affiliated to Board to follow the Examination Bye-Laws of the Board in toto;

(ii)No affiliated school shall endeavor to present the candidates who are not on its roll nor shall it present the candidates of its unaffiliated Branch/School to any of the Boards Examination.

(iii)If the Board has reasons to believe that an affiliated school is not following the Sub-section 1 & 2 of this Section, the Board may resort to penalties as prescribed hereunder.

(iv)Every affiliated school shall present a list of number of students and their particulars in respect of Classes IX, X, XI & XII at the time of beginning of an academic session.

6. According to the respondent CBSE, the school in gross violation of Affiliation Bye-Laws was admitting large number of students in the secondary and senior secondary classes without providing support in ter