The necessity for a 'No Objection Certificate' from the State is mandatory for affiliation with the CBSE as outlined in applicable directives.

JUDGMENT :

Harsimran Singh Sethi, J. 

1. In the present petition, the objection being raised by the petitioner-Schools is that they are not required to seek the ‘No Objection Certificate’ from the State while applying for the grant of affiliation with the Central Board of Secondary Education (hereinafter referred to as ‘CBSE’) keeping in view the letter of the CBSE dated 20.02.2025, copy of which has been appended as Annexure P-4.

2. Learned senior counsel appearing on behalf of the petitioners- Schools submits that as per the process envisaged under Annexure P-4 is that the concerned Schools can apply for the affiliation with the CBSE with or without the ‘No Objection Certificate’ from State but the CBSE has to further write to the State to seek the comments/the objections of the State Government qua the said affiliation of the concerned Schools and, therefore, there is no necessity of the petitioner-Schools approaching the State of Punjab for the grant of ‘No Objection Certificate’.

3. Learned senior counsel for the petitioner further submits that the letter which has been issued by the respondent-State dated 13.05.2025 (Annexure P-5), is contrary to the instructions issued by the CBSE dated 20.02.2025 and hence, cannot be sustained. Learned senior counsel further submits that the State has rejected the claim of issuance of ‘No Objection Certificate’ on 07.07.2025 in case of one of the School, which is arbitrary and illegal.

4. Notice of motion.

5. Mr. Beant Singh Seemar, Standing Counsel appears on behalf of the respondent-CBSE and Mr. T.P.S. Chawla, Senior Deputy Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondent-State.

6. Learned counsel appearing on behalf of the CBSE submits that getting the ‘No Objection Certificate’ from the State so as to get affiliation from CBSE is necessary but in order to facilitate better functioning of the process so that much time is not consumed while firstly seeking ‘No Objection Certificate’ from the State and then applying for grant of affiliation, the process was streamlined in the way that in case the Schools want the ‘No Objection Certificate’ from State at the time of filing the application for affiliation with the CBSE, they can do it but where the said ‘No Objection Certificate’ has not been obtained prior to filing for affiliation, the said application seeking application before being allowed, the same will be put before the State by the CBSE so as to get objection of the State and thereafter take a decision whatever is required to be taken as per the process envisaged under law, therefore, seeking ‘No Objection Certificate’ from the State either prior to or subsequent to the filing of the application seeking affiliation from CBSE is must as per the letter dated 20.02.2025 (Annexure P-4).

7. Learned counsel appearing on behalf of the State submits that in the letter dated 20.02.2025 (Annexure P-4), a time frame has been given for the State to respond in case, an Institution/School has not sought the ‘No Objection Certificate’ prior to filing of the application seeking affiliation with the CBSE and as only time limit of 30 + 15 days has been prescribed for the State to reply in such a case and in order to have an effective reply to be given to the claim of an Institution raised before the CBSE for the grant of affiliation, the Schools have been asked to give all the data to the State also so that as and when any information qua the grant of ‘No Objection Certificate’ is sought by the CBSE, the same is replied within a period of 30 days in case, concerned School has not taken ‘No Objection Certificate’ before filing of the application for affiliation with CBSE.

8. Learned counsel for the respondent-State submits that