Educational institutions must comply with affiliation regulations; a grace period of three years was granted for compliance with provisions, conditionally allowing current students to appear for examinations.

ORDER :

1. The petitioner herein is the School that was established in the year 1974 and affiliated to the respondent Board vide order dated No. CBSE/AFF/19385/1322 dated 25.11.1983 and the same has been renewed from time to time and finally through the impugned order dated 15.06.2017, the said provisional affiliation granted in favour of the petitioner School upto Secondary Level was withdrawn on the ground that the petitioner School failed to comply the provisions laid down in the affiliation Bye Laws and Examination Bye Laws of the respondent Board as well as other Rules and Regulations prescribed by the respondent Board from time to time. Aggrieved by the said order dated 15.06.2017, the petitioner filed an appeal before the appellate authority and the appellate authority, by an order dated 27.02.2018, rejected the appeal filed by the petitioner. It is aggrieved by the said orders dated 15.06.2017 as confirmed by the order dated 27.02.2018, the petitioner approached this Court by filing W.P.No.6323 of 2018.

2. This Court, while entertaining the writ petition, passed an interim order dated 26.04.2018 permitting the petitioner School to admit the students in the School, however, duly notifying the parents of the students that they are admitting the children only at the risk, in case of adverse orders, if any that would be passed, in the writ petition and they cannot come forward with the contention that they have already admitted the children in the School and the relief has been granted, who have been admitted in the academic year 2018-2019 onwards. By virtue of the said interim order, the petitioner School is running duly admitting the students.

3. When the matter was taken up for consideration before this Court, on an earlier occasion, this Court, after having taken note of the fact that the petitioner School has been running since the year 1974 and the major failure of the petitioner School in not complying with the provisions of the affiliation Bye Laws and other Examination Bye Laws, etc is only on the ground of failure of providing proper infrastructure namely, play ground attached/adjacent to the place, where the School is running, though the petitioner claimed to have provided the play ground at a distance of about 500 meters from School in question. Except the non-compliance of the Bye Laws pertaining to the infrastructural facilities, there is no complaints on the School in connection with the academic performance, teaching staff, standard of education, etc.

4. In the light of the above and also considering the fact that the School has been in existence since the year 1974, this Court made a suggestion to the learned counsel appearing for the respondent Board to ascertain whether it is permissible to grant reasonable time of about three years to the petitioner School to bring the institution strictly in conformity with the affiliation Bye Laws and Examination Bye Laws, etc., while permitting the petitioner School to continue to exist and subject to the petitioner obeying all conditions including furnishing Bank Guarantee to ensure that the petitioner School strictly confirm all relevant Bye Laws of the respondent Board, and accordingly the matter was adjourned.

5. In response, Mr.T.Sri Krishna Bhagavat, learned counsel appearing for the respondent Board on instructions submitted that the respondent Board is willing to grant three years time to the petitioner to bring the School strictly in conformity with all the Bye Laws that are applicable to the petitioner School on condition, that the petitioner shall provide an un- conditional Bank Guarantee for an amount of Rs.50,00,000/- and undertake to comply with all the Bye Laws of the respondent Board and also to permit the students to appear for examinations, in the meanwhile.

6. Considering the same, this Court, required the petitioner to file an undertaking affidavit to bring the institution in conformity with all the Bye Laws of the respondent Board within a period of th