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2019 Supreme(All) 95

AJAY BHANOT
Apple Grove School – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Shreesh Bahadur Tripathi, Adv., Ashish Kumar Ojha, Adv., Radha Kant Ojha, Adv., Dhananjay Awasthi, Adv.

JUDGMENT :

AJAY BHANOT, J.

1. Supplementary affidavit filed today be taken on record.

2. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Ashish Kumar Ojha, learned counsel for the petitioner, Sri Dhananjay Awasthi, learned counsel for the respondent CBSE Board and Sri Rajesh Kumar Singh, learned counsel holding brief of Sri Dilip Kumar Pandey, learned counsel for the respondent no. 1.

3. By order dated 01.11.2018 the respondent CBSE Board has withdrawn the provisional affiliation granted to the petitioner institution upto senior secondary level. Thus aggrieved by the disaffiliation the petitioner has assailed the said order in the instant writ petition.

4. The order recites that the institution has violated the affiliation bye-laws relating to infrastructure. The school building and the playground are not part of a compact piece of land. The petitioner was granted several opportunities to cure the deficiency. The petitioner failed to rectify the defect.

5. The submission of Sri R.K. Ojha, learned Senior Counsel assisted by Sri Ashish Kumar Ojha learned counsel for the petitioner in support of the writ petition is that the order of disaffiliation of the institution is an arbit









































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