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IN THE HIGH COURT OF ALLAHABAD
SHREE PRAKASH SINGH, J.
B.S.S. Public School, Raebareli Thru. Manager, Sri Bhaiya Lal Singh And Others – Appellants
Versus
Union Of India And Others – Respondents
Writ C No.3070 of 2024
Decided on : 25-04-2024
DE-AFFILIATION - SCHOOL AFFILIATION - ACT SECTION LIST: Affiliation Bye Laws 2018, Clause 12.2.1, 12.2.11, 12.2.12, 18(1) - The court discussed the provisions of the Affiliation Bye Laws, particularly focusing on the procedural requirements for de-affiliation. It emphasized the necessity of providing a copy of the inquiry report to the affected institution, highlighting that failure to do so constitutes a breach of natural justice. The court interpreted Clause 18(1) to mean that a school should be given an opportunity to rectify deficiencies before de-affiliation is enforced, especially in light of the pandemic's impact on education. This legal framework influenced the court's decision to quash the de-affiliation order.
Fact of the Case:
The petitioners, B.S.S. Public School, challenged the CBSE's order dated 26.02.2024, which withdrew their affiliation due to alleged violations of the affiliation bye-laws. The school, established in 1987, had been granted and extended affiliation multiple times, with the last extension valid until 2028. The withdrawal was based on an inquiry report that the petitioners claimed was never served to them prior to the de-affiliation.
Finding of the Court:
The court found that the CBSE failed to provide the petitioners with a copy of the inquiry report, which is essential for ensuring a fair opportunity to respond to the allegations. The court noted that the show cause notice did not include the actual inquiry report, violating principles of natural justice.
Issues: Whether the CBSE's de-affiliation order was valid given the lack of procedural fairness, specifically the failure to provide the inquiry report to the petitioners, and whether the petitioners were given adequate opportunity to rectify any alleged deficiencies.
Ratio Decidendi: The court held that the principles of natural justice require that an affected party must be given a fair opportunity to respond to allegations against them, which includes access to the inquiry report. The court emphasized that the failure to adhere to these principles rendered the de-affiliation order invalid.
Final Decision: The court quashed the CBSE's de-affiliation order dated 26.02.2024, allowing the petitioners to retain their affiliation while granting CBSE the liberty to proceed with proper procedures if desired.
JUDGMENT :
Hon'ble Shree Prakash Singh, J.
1. Heard Sri S.C. Mishra, learned Senior Counsel assisted by Sri Ayush Chaudhary, learned counsel for the petitioners, Sri Shailendra Kumar Singh, learned Chief Standing Counsel and Sri Vivek Shukla, learned Additional Chief Standing Counsel for the opposite party no.5, Sri Krishna Lal Yadav, learned counsel for the opposite party no.1 and Sri Shashank Bhasin, learned counsel for the opposite party nos. 2 to 4.
2. By means of the present writ petition, the petitioners have assailed the order dated 26.02.2024 bearing no. CBSE/Aff. No. 2130934/E-35280/2024 whereby, the affiliation of the petitioners’ school has been withdrawn, while holding it that the petitioners’ school is found responsible for violation of the provisions envisaged under clause 12.2.1, 12.2.11 and 12.2.12 of the affiliation bye-laws.
3. The factual matrix of the case is that the petitioner no. 1, i.e., B.S.S. Public School, Raebareli (hereinafter referred to as an 'Institution'), is an academic institution, established in the year 1987 and is being run by the petitioner no. 2 society, which is a registered society under Societies Registration Act, 1860. The school was granted affiliation with Central Board of Secodary Education (hereinafter, referred to as ‘CBSE’) to run secondary level classes i.e. IXth and Xth on 27.03.2008, for three years, which was extended from time to time and was further granted affiliation to run senior secondary level classes i.e. class 11th and 12th, which too was extended subsequently and the last extension of provisional affiliation was granted from 01.04.2020 till 31.03.2028, vide the affiliation letter dated 04.05.2022. Later on, vide the impugned order dated 26.02.2024, the petitioners’ Institution is de-affiliated, which is under challenge.
4. The contention of learned counsel for the petitioners is that all of sudden vide order dated 26.02.2024, the affiliation granted to the institution of the petitioners, is withdrawn by CBSE while mentioning some inquiry report, but the inquiry report was never served upon the petitioners by the CBSE while issuing show cause notice or prior to passing the impugned order.
5. Further contention of learned counsel for the petitioners is that, at the time of nation-wide lockdown, due to Covid-19 Pandemic, the educational activities in schools were heavily affected and the CBSE canceled the class 12th examination vide notifications dated 01.06.2021 and 17.06.2021 and for the purpose of assessment of class 12th, the result of Unit Test/Mid Term exam/pre-board examination, conducted by the respective schools in class 12th and 11th alongwith the result of performance in the best three subjects out of main five subjects in class 10th board examination, was proposed to be calculated.
6. He pointed out that the petitioners’ institution also evaluated the marks of all the students of class 12th for academic year 2021 and performance of total 140 students were scrutinized out of which 11 students failed, whereas, 23 students got compartments. Thereafter, one Santosh Kumar Sonkar who was aggrieved that his son namely, Ritesh Sonkar became failed in class 12th, came into the school and started chaos, by hurling abuses upon the teachers and staff, whereafter, an information was given to the educational authorities, but he further kept on doing so in the subsequent days, while protesting in the school premises to disrupt the functioning of the school administration and therefore, considering the future of the students, the manager of the petitioners’ school by means of an e-mail requested the CBSE to reassess and increase of the marks of the students, who were failed or is to appear in the compartment exams.
7. He further submits that Sri Sonkar also made a false complaint to the District Magistrate, whereafter, the District Magistrate i.e. opposite party no. 5 constituted a committee to conduct an inquiry in the alleged irregularities and after a sham inquiry, a report i
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