Back
High Court Of Delhi
SATLUJ PUBLIC SCHOOL - Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION - Respondent
Civil 1043 of 1998
Decided On : 03/01/1998
EDUCATION - AFFILIATION - UNAUTHORIZED ADMISSION - UNAFFILIATED SCHOOL - STUDENTS NOT ENTITLED TO APPEAR IN BOARD EXAMINATION - CBSE - AFFILIATION BYE-LAWS - NO OBJECTION CERTIFICATE FROM DIRECTORATE OF EDUCATION, HARYANA - NOT EQUIVALENT TO AFFILIATION - WRIT OF MANDAMUS - NOT ISSUED TO COMPEL BOARD TO ALLOW STUDENTS OF UNAFFILIATED SCHOOL TO APPEAR IN EXAMINATION - INTERESTS OF STUDENTS - CANNOT BE PROTECTED BY COURT IN VIOLATION OF RULES - COURT CANNOT DIRECT BOARD TO DISOBEY ITS OWN RULES - WRIT PETITION DISMISSED.
Fact of the Case:
Petitioner, an unaided private school, sought affiliation from the Central Board of Secondary Education (CBSE) up to the senior secondary level and challenged the CBSE's refusal to permit its students to take the senior secondary level examination in 1998. The petitioner claimed to have received a no-objection certificate from the Directorate of Education, Haryana, for affiliation up to the senior secondary level.
Finding of the Court:
The court found that the petitioner had started classes at the senior secondary level without the CBSE's approval and had not submitted all the required documents and fees for affiliation. The court also found that the petitioner had not disclosed to the CBSE that it had already started classes XI and XII in the school.
Issues: 1. Whether the petitioner was entitled to affiliation from the CBSE up to the senior secondary level. 2. Whether the students of the petitioner school were entitled to appear in the senior secondary level examination conducted by the CBSE.
Ratio Decidendi: 1. The court held that the petitioner was not entitled to affiliation from the CBSE up to the senior secondary level because it had not complied with the CBSE's affiliation bye-laws and had not submitted all the required documents and fees. 2. The court held that the students of the petitioner school were not entitled to appear in the senior secondary level examination conducted by the CBSE because the school was not affiliated to the CBSE at the senior secondary level.
Final Decision: The court dismissed the petition and held that the CBSE's refusal to permit the petitioner's students to take the senior secondary level examination in 1998 was not illegal, unjust, or arbitrary.
( 1 ) THE petitioner in this writ petition is the Satluj Public School, Ambala Road, Pehowa, Kurukshetra District in Haryana State. It claims to be a private unaided school run by Satiuj Education Society (Registered ). The only respondent in the writ petition is the Central Board of Secondary Education, Delhi [for short the Board]. The prayers in the writ petition are for a direction to the respondent to affiliate the petitioner school uptill senior secondary level with effect from the session 1997-98 and for quashing the letter dated 3. 2. 1998 by which the respondent Board refused to permit the students of the petitioner School to take the Senior Secondary level examination in the year 1998.
( 2 ) ACCORDING to the petitioner the respondent vide its letter dated 24. 10. 1997 (Annexure P3) granted affiliation to the petitioner school for Secondary School examination of the Board with effect from 1. 4. 1997 to 31. 3. 2000. The need for education uptil Senior Secondary level and the request on behalf of the students and the parents from the area forced the petitioner School to start classes at Senior Secondary level. As a consequence there are 44 students studying in Class XII in the session 1997-98. It is also stated that the Directorate of Education, Haryana had given a no objection certificate dated 27. 5. 1997 (Annexure P2) for affiliation of the petitioner School to the respondent Board uptil Senior Secondary level. However, the affiliation granted by the respondent as per Annexure P3 letter dated 24. 10. 1997 is only for the Secondary School level. Hence the petitioner through a letter dated 20. 12. 1997 (Annexure P4) requested the respondent to grant affiliation to the School uptil Senior Secondary level. In Annexure P4 letter dated 20. 12. 1997 it was stated that the School had started classes up to Senior Secondary level. Through Annexure P5 letter dated 9. 1. 1998 the respondent informed the petitioner that its application for upgradation of the affiliation uptil Senior Secondary level was received in the respondent s office without all the relevant documents and necessary fee required as per affiliation bye-laws. The petitioner was also advised to submit all the required documents and fee of Rs. 10,000. 00 alongwith the original application form which was returned alongwith the letter dated 9. 1. 1998. The petitioner was also informed through the said letter dated 9. 1. 1998 that it was not possible for the Board to grant permission to allow the students of Class 12 in the petitioner School, to appear in the Board examination of 1998. According to the petitioner, the upgradation form seeking provisional affiliation to Senior Secondary level was re-submitted on 16. 1. 1998 alongwith Annexure P6 letter dated 16. 1. 1998. Through Annexure P6 letter the petitioner requested the respondent to consider the petitioner s case as a special case on sympathetic ground and to allow the students of Class XII to take the Board examination in 1998. It is stated in the petition that the petitioner had submitted the application forms for all its 44 students alongwith the examination fee of Rs. 12,175. 00 at the regional office of the respondent Board at Chandigarh. By Annexure P6a letter dated 3. 2. 1998 the respondent Board rejected the request of the petitioner to allow the students of Class XII in the petitioner School to appear in the Board examination in March, 1998. The reason stated in the respondent s letter dated 3. 2. 1998 for rejecting the request of the petitioner is that the petitioner School is not affiliated for Plus 2 stage. The amount of Rs. 12. 175. 00 sent by the petitioner towards examination fee was also returned to the petitioner. Aggrieved by the said letter dated 3. 2. 1998 the petitioner has filed this writ petition.
( 3 ) NOTICE was issued to the respondent to show cause why the petition be not admitted. Respondent has filed a reply justifying its action in rejecting the request of the petitione
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
