The main legal point established is that a public authority cannot solely reject an application based on the failure of an inspection committee, and must consider the application in accordance with the current legal norms.

JUDGMENT

Prateek Jalan, J. - The challenge in this writ petition is to a communication dated 17.08.2019, by which the respondent- Central Board of Secondary Education ["CBSE"] rejected the application of the petitioner-Rashhtriy Higher Secondary School ["the School"] for affiliation.

2. The School was established in the year 2002 in District Shonbhadra, in the State of Uttar Pradesh and is affiliated to the Uttar Pradesh Education Board. On 30.06.2015, the petitioner sought to switch over its affiliation from the Uttar Pradesh Education Board to CBSE for which it successfully submitted an online application form. The CBSE, by a communication dated 20.11.2015, identified various deficiencies in the application for recognition. The petitioner responded to this communication on 15.12.2015 and claims to have answered each of the deficiencies raised by CBSE. The CBSE thereafter constituted an Inspection Committee for inspection of the School. This was communicated to the members of the Inspecting Committee by a communication dated 03.02.2016, a copy whereof has been placed on record along with counter affidavit filed by CBSE. It appears that no further progress was made thereafter until CBSE issued the impugned communication dated 17.08.2019.

3. By the impugned letter, the petitioners application has been rejected with the following observations:

"1. The school is required to submit an affidavit duly supported with evidence to this effect that the applicant school had intimated to the concerned Education Department of the State about the application made to CBSE for seeking affiliation to the Board.

2. The School is required to furnish land documents i.e. Lease deed/Sale deed in favour of School/Society running the school duly executed in the office of the Sub Registrar

along with land certificates as per appendix VI prescribed in the Affiliation Bye Laws duly signed by Competent Authority to the effect that the said entire land constitutes as single plot.

3. The School is required to submit an affidavit of NPC in original duly sworn in before a first-class magistrate by the President or Secretary of the Society/Trust running the school to the effect that the Society is of non-proprietary character in nature.

4. The school is required to submit an affidavit in original duly sworn in before the First-Class Magistrate to the effect that the students of "State pattern class, from IX XII will be closed in phased manner"

5. The School is required to submit last 03 years State Board result of class X."

5. While issuing notice in this petition, by an order dated 14.01.2020, the Court recorded a prima facie observation that the impugned order does not appear to be sustainable as the entire blame cannot be placed on the petitioner if the Inspection Committee constituted by the CBSE did not carry out an inspection. An opportunity was given to the learned counsel for CBSE to take instructions, and to file a counter affidavit if CBSE wished to resist the petitioner. The counter affidavit has since been filed.

6. Mr. Sanjay Sharawat, learned counsel for the petitioner, submits that the decision of CBSE is wholly irrational inasmuch as the petitioners application has been rejected due to failure of the Inspecting Committee to conduct the inspection and submit its report within the time stipulated. Mr. Sharawat submits that the petitioner was not to blame for these state of affairs, and ought not to be meted with the consequences.

7. Ms. Seema Dolo, learned counsel for CBSE, submits that the petitioner was also sent a copy of the communication dated 03.02.2016 and was well aware that the inspection was to be conducted within 30 days. The petitioner did not address any correspondence to CBSE in this regard until the order of rejection was issued almost three years thereafter. In these circumstances, Ms. Dolo submits that it would be appropriate to direct the petitioner to approach CBSE afresh for affiliation. She states that with the passage of time, the norm