The court cannot issue directions contrary to or inconsistent with statutory provisions, and students from an unrecognized school cannot be permitted to appear in the CBSE examination as private candidates unless they come within the purview of the CBSE Examination Bye-Laws.

S.B. Sinha, J.: Both these appeals are directed against a judgement and order dated 4.9.97 passed in Writ Petition No. 6090(W)/97 and W.P. No. 6091(W)/97 by a learned single Judge of this Court whereby and whereunder the writ petitions filed by the writ petitioners-respondents were allowed with certain directions.

2. The fact of the matter is not much in dispute.

3. The writ petitioners who are 42 in numbers had completed their respective Class-X and XII studies from one Park Point School which was not affiliated with the appellants. It appears from the writ petitions that advertisements had been issued by the said institution, inter alia, on the premise that the students of the said institution can appear at Central Board of Secondary Education (hereinafter referred to as (CBSE) examination. They had filled up forms for appearance in the said concerned examinations but when Admit Cards despite promises made by the Principal of the institution had not been issued, they suspected foul play and lodged a First Information Report. It stands admitted that the said institution is not affiliated with the appellant. As the career of the students were involved, they filed a writ application praying, inter alia, the following reliefs ;-

“(a) a writ of and/or in the nature of Mandamus commanding the respondents Nos. 1, 2, 3 & 5 to each and everyone of them and/or their servants and/or their subordinates to issue forthwith the admit card and to arrange examination for All India Secondary, Certificate Examination under the Central Board of Secondary Education;

(b) A writ of and/or writs in the nature of Mandamus directing the Respondents authorities each of them and/or its agents and/or the sub-ordinates to inspect the Park Point School situated at No. 371, Jodhpur Park and to certify the regular attendance of the students in accordance with the Scheme of examination as prescribed by the rules of the Central Board of Secondary Education and issue admit card for appearing at the examination and to conduct examination for the students as stated herein of the Park Point School situated at No. 371, Jodhpur Park Calcutta68 on the basis of regular school students.”

4. The learned trial Judge keeping in view of the purported helplessness of the students asked the learned Advocate of the Kendriya Vidyalaya Sangasthan to submit a list of affiliated schools. Some of the said schools having been noticed and appeared before the court and agreed to allow certain students to appear from their schools. The learned trial judge, however, issued certain directions that the writ petitioners could be permitted to appear. The operative portion of the order reads thus ;-

"I make it clear that the schools, however, will apply for permission from the C.B.S.E. only after being satisfied with the credentials that should be presented by the students to the schools which they are to produce before the schools on or before 29th September, 1997, positively. I further make it clear that even if the C.B.S.E. grant such permission, the students would only be allowed to appear next year's final examination through their respective schools, if they come out successful in the test examination, but not as regular students of such institutions, but as external students as a special case under the Court's order and the eligibility of the students will entirely depend upon their performances in the test examinations. I also make it clear that the students would also abide by the rules and regulations of the forwarding schools including the payment of fees of the respective institutions, I make it clear further that this order will not create any precedent in future and this order as well as the permission granted by the C.B.S.E. and also permission given by the schools to such students, all will be limited to the writ petitioners only the C.B.S.E. is also directed to give advertisement in the Newspapers through-out in India that no students from unrecongnised and/or unaffected