Educational authorities must process institutional applications for admission permission fairly and cannot arbitrarily deny access to centralized admission portals when an institution’s feasibility and documentation have been submitted and are pending verification, ensuring that students’ access to education remains protected.

ORDER :

ROBIN PHUKAN, J.

Heard Mr. P. Bharadwaj, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel for the respondent Nos. 1, 2 and 3 and Mr. T.C. Chutia, learned standing counsel for the respondent Nos. 4 and 5.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, B.K. Wahed Ali H.S. School, has prayed for issuing direction to the respondent No. 2 to provincialise the petitioner school and the services of the teaching and non-teaching staffs of the petitioner school in light of the proposal and reports submitted and also to direct the respondent authorities to open the Darpan Portal for submission of applications for admission into H.S. 1st Year class for the academic session 2025-26, and to register the name of the petitioner school under Darpan Portal w.e.f. 2025 on the basis of fulfilment of the relevant criteria provided under the Revised Regulations of 2004 of the Assam Higher Secondary Education Council, and further to set aside and quash the Notification dated 12.04.2025.

3. The background facts, leading to filing of the present petition, are briefly stated as under:

“The petitioner school was established during 1995-2005 and it had approached the concerned authorities for permission to open higher classes. Thereafter, the Assam State School Education Board/respondent No. 4 submitted its feasibility report before the respondent authorities in respect of 30 numbers of higher secondary schools, including the petitioner school after making necessary inspection during the month of November and December.

It is the pleaded case of the petitioner school that prior to 2024-25, students were allowed to admit in the petitioner school into Higher Secondary 1st Year classes, but the Assam Higher Secondary Education Council, vide Notification dated 01.04.2024, has not allowed the petitioner school to conduct admission into Higher Secondary 1st Year class for the ensuing academic sessions 2024-25, on the ground that the petitioner school falls under the category of non-permitted private institution, and the petitioner school was also made disabled on the Darpan Portal to restrict all such institutions from admission. However, similarly placed schools have approached this Court by filing writ petitions and this Court was pleased to direct the respondent authorities to grant registration/admission of students through Darpan Portal. Thereafter, again the authorities had issued one Notification dated 12.04.2025, whereby admission of students in Class-XI is allowed by registration under the Darpan Portal. Earlier, the petitioner school had applied for granting permission and feasibility report, was also given by the respondent No. 4 after scrutiny, however, this time the petitioner school is not allowed to avail the benefit of Darpan Portal to conduct admission into H.S. 1st Year for the academic session 2025-26, as a result of which the students are deprived of getting admission. Being aggrieved, the petitioner school has approached this Court by filing the present petition.”

4. Mr. Bharadwaj, learned counsel for the petitioner submits that the petitioner school was established during 1995-2005 and thereafter, the respondent No. 4, after inspection being carried out during the month of November and December submitted its feasibility report before the respondent authorities in respect of 30 numbers of higher secondary schools, including the petitioner school. Mr. Bharadwaj also submits that prior to 2024-2025, students were allowed to admit in