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2021 Supreme(Mad) 2135

IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, KRISHNAN RAMASAMY, JJ.
SRK International CBSE School (Affiliated to CBSE), Rep. by its Correspondent, Cuddalore - Appellant
Versus
The Central Board of Secondary Education, Rep. by its Secretary, Delhi & Others - Respondents
W.A. Nos. 2143, 2145, 2147 of 2021 & C.M.P. Nos. 13547, 13549, 13550, 13552, 13560 & 13561, 14770, 14772 of 202 in W.A.S.R. No. 76292, 76291 of 2021
Decided On : 08-10-2021

Advocates Appeared:
For the Appellants : P. Wilson, SC for M/s. Richardson Wilson.
For the Respondents: G. Nagarajan.

Headnote:

Constitution of India,1950 - Applied for CBSE affiliation - Board examination conducted - Appellant was established in year 2015 in Neyveli, Cuddalore District - Appellant school is affiliated with Central Board of Secondary Education applied for CBSE affiliation for Class XI and XII from academic affiliation was granted by CBSE/1st respondent through proceedings they allowed school to admit students for Class XI and XII to appear for Board examination conducted appellant applied for affiliation but same was given by CBSE a lapse of 1 year and 8 months - Appellant was not able to admit students for Class XI for the academic and in meantime, pandemic had started in the middle schools in state of Tamil Nadu have been closed – Held, Case deals with admission of students in a school, which had no affiliation at all for a particular academic year to commence Class XII it was noted that when Courts granted reliefs on ground of compassion and misplaced sympathy, the same was frowned upon by Hon’ble Supreme Court it is not case of CBSE that School was not recognised and affiliation was not obtained for academic year, but only objection raised was with respect to direct admission of students to Standard XII, which is also provided for in the SOPs - Decision is inapplicable to facts of present case - Court in agreement with view taken by learned Single Judge, with no intention to punish the minor students, whose independent decisions cannot be accepted by Court of law and given facts and circumstances of the case – Court deem it appropriate to agree with conclusion arrived at by my learned Brother Judge to accommodate the 27 students of appellant School – Ordered Accordingly

JUDGMENT :

Krishnan Ramasamy, J.

(Prayer: Writ Appeals filed under Clause 15 of the Letters Patent against the common order dated 10.08.2021 passed in W.P.Nos.4774, 12162 and 16772 of 2021 respectively.)

1. These Writ Appeals arise out of a common order passed by a learned single Judge of this Court, dated 10.08.2021 passed in W.P.Nos.4774, 12162 and 16772 of 2021 respectively.

2. Since the issues involved in all these Writ Appeals as well as the facts are common, these Writ Appeals are taken up together and being disposed of vide this common judgment.

3. The brief facts, which are necessary for disposal of the present Writ Appeals, can be stated as under:

4. SRK International CBSE School, the appellant herein was established in the year 2015 in Neyveli, Cuddalore District. The appellant school is affiliated with Central Board of Secondary Education (in short, “CBSE”). The school applied for CBSE affiliation for Class XI and XII from the academic year 2019-2020. The affiliation was granted by CBSE/1st respondent through proceedings dated 09.01.2020 whereby, they allowed the school to admit the students for Class XI and XII to appear for the Board examination conducted during March 2021. The appellant applied for the affiliation on 11.04.2018, but the same was given by the CBSE on 09.01.2020 after a lapse of 1 year and 8 months. Therefore, the appellant was not able to admit students for Class XI for the academic year 2019-20 and in the meantime, the pandemic had started in the middle of March 2020. Therefore, all the schools in the state of Tamil Nadu have been closed.

5. Under these circumstances, 27 students who studied Class XI in Jayapriya Vidyalaya, Virudhachalam, approached the appellant school for admission. All these students have been residing in and around Nevyeli. However, they got admission in the school at Virudhachalam, thereby they have to travel more than 40 kms in one way and 80 kms on both ways from their homes to the school. When the pandemic was in peak, the parents have decided to get TCs of their wards in the month of June in the interest of the their wards and they have approached the appellant school and they have also admitted them directly to the Class XI in the month of September 2020 since as on the said date, i.e. 28.08.2020, the affiliation was granted by the CBSE to conduct Classes for Class XII. The parents have also given the consent letters for admission of their wards.

6. After the admission of the above students, the appellant school has applied for migration of students to the CBSE on 03.09.2020. However, the same was rejected on 30.11.2020 by the CBSE and on the same date, the appellant has sent another representation to the 2nd respondent, but the same was also rejected by letter dated 16.12.2020 and thereafter, the appellant school approached the appellate authority/Chairman of CBSE by virtue of representation dated 07.01.2021. The rejection letter was issued on 13.02.2021 through the 3rd respondent. Aggrieved by the said order, the appellant school approached this Court by filing W.P.No.4774 of 2021, challenging the rejection orders.

7. In the above said Writ Petition, this Court passed interim order, whereby permitting 27 students to appear for the practical examination which was commenced from 01.03.2021 in the name of the appellant’s school in the appellant school itself. The respondents herein have challenged the interim order by preferring a Writ Appeal in W.A.No.860 of 2021, wherein, by judgment dated 08.04.2021, the Division Bench of this Court has confirmed the interim order passed by the learned single Judge. Thereafter, the appellant school has sent several communications by enclosing the orders of this Court, requesting the respondents to comply with the orders by uploading the list of candidates in the CBSE Website and after approving the same, to assign Roll numbers for the stud

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