The main legal point established in the judgment is the court's authority to quash an order that is passed in an arbitrary manner without examining the true factual position.

ORDER

Girish Agnihotri, J. (Oral). - Petitioner-Sita Grammar School (through Office Superintendent), has filed the present petition inter alia with a prayer for issuance of a writ in the nature of certiorari quashing the order dated 23.11.2020 bearing file No.SED-EDU303/44/2020-3EDU/107542/2020(l)(Annexure P-16) vide which, respondent No. 1-Department of School Education, Government of Punjab, has cancelled No Objection Certificate of the petitioner-School by way of a non-speaking order.

2. Records of the case show that this court, vide order dated 14.12.2020, issued notice of motion. The relevant extract of the order is reproduced hereunder:-

".....Learned counsel for the petitioner submits that the brief facts which need to be noticed are that on 20.03.2020 (after completion of the previous academic year) respondent No.2 was admitted to 4th standard, however, on 21.03.2020 onwards, lockdown was declared due to COVID 19. The issue as to whether the schools are entitled to ask the students to deposit the fee for the new session was subject matter of writ petition CWP No.7409 of 2020. Vide order dated 30.06.2020, detailed directions were given and apart from the directions that schools were permitted to collect their admission fee, it was also directed that in case, the parent is still aggrieved in any manner with an adverse decision by the School on his application, he may approach the Regulatory Body, so constituted under Section 7 of the Punjab Regulation of fee of Un-aided Educational Institutions Act, 2016.

Learned Senior counsel then makes reference to a circular dated 03.07.2020 (Annexure P-9), whereby, all parents were requested to deposit their wards' fee from April to July 2020, latest by 15.07.2020. However it is the specific pleaded case of the petitioner (mentioned in Para 14 a) that on behalf of respondent No.2, there was a request to issue transfer certificate and accordingly, vide Annexure P-10 dated 14.07.2020, the said certificate was issued. However on 14.08.2020 on the intervention of a social worker, the SDM, Malerkoila had given its report, the relevant part of which is reproduced hereunder:-

"Both the parties were present on the next date of hearing of the complaint on 10.08.2020. Principal Sita Grammer School was asked to clarify the issuance of Transfer Certificate (TC) from the school. The Principal Sita Grammer School answered that they are ready to admit the name of the child and take a fee in installments from the child's parents. She agreed to withdraw the TC issued from the school to Madhav Jindal.

After watching the complaint filed from the complainant it was found that the name of the child of the complainant has been struck off from the school and now the principal clarified in her answer that they are ready to readmit the child Madhav Jindal in the school and also to take a fee of Madhav Jindal in installments.

The Principal Sita Grammer School Malerkotla was instructed in the presence of the complainant to admit the child in the school immediately and to take a fee in installments and to cooperate with the parents of the child to avoid any problem like this in future and the principal agreed with this all. Under these circumstances it seems that no need of any further action is required. "

Learned Senior counsel by making reference to document Annexure P-12, submits that respondent No.2 had actually joined online classes, however, show cause notice was issued to the petitioner on 18.08.2020. The same was replied by the petitioner on 21.08.2020. The grievance as submitted by learned counsel for the petitioner is that by a cryptic non-speaking order, which is in violation to the directions especially Direction No.(d) of this Court and is also in violation to the report of SDM dated 14.08.2020, it was ordered that the State Government has decided to cancel the NOC issued to the school. He submits that in case, the said order is not stayed, the School, 1300 students who are studying in the school, 106