274+277 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 10-02-2025

1. CWP-9914-2020 (O&M)

SABAD PRAGAAS ACADEMY, DHARAMKOT, GURDASPUR ANS ORS ........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ........Respondent(s)

2. CWP-10046-2020 (O&M)

SRI GURU HARGOBIND CONVENT SCHOOL AND ORS.

........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ........Respondent(s)

3. CWP-15116-2020 (O&M)

BRITISH PUBLIC ACADEMY ........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ........Respondent(s)

4. CWP-17423-2020 (O&M)

DATA BANDHI CHHOD PUBLIC SCHOOL, AMRITSAR AND ORS.

........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS

5. CWP-1163-2021 (O&M)

SHRI GURU NANAK DEV PUBLIC SCHOOL LAMBIDHAB SRI MUKTSAR SAHIB AND ORS.

VERSUS STATE OF PUNJAB AND OTHERS

6. CWP-4351-2021 (O&M)

DOON OXFORD SCHOOL THAKKARWAL PAKHOWAL ROAD, LUDHIANA PUNJAB AND ORS.

........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ........Respondent(s)

7. CWP-7230-2021 (O&M)

KUNDAN VIDYA MANDIR SENIOR SECONDARY SCHOOL, MUKERIAN THROUGH ITS AUTHORISED SIGNATORY SACHIN SAMYAL ........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ........Respondent(s)]

8. CWP-15273-2022 (O&M)

CAMBRIDGE OVERSEAS SCHOOL, KUKERIAN, THROUGH ITS AUTHORISED SIGNATORY SACHIN SAMYAL ........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ........Respondent(s)

9. CWP-15596-2020 (O&M)

KNIGHTS INTERNATIONAL PUBLIC SCHOOL ........Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS

10. CWP-15571-2021 (O&M)

BHAI GURDAS PUBLIC SCHOOL AND ORS.

VERSUS STATE OF PUNJAB AND OTHERS CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Dilpreet Singh Gandhi, Advocate for the petitioner in CWP No.9914, 10046, 15116, 17423 of

2020 and CWP Nos.1163 and 4351 of 2021 and CWP No.15273 of 2022. (joined through V.C.)

Mr. Randeep Singh Gill, Advocate with Mr. Kunal Goyal, Advocate For the petitioner in CWP No.15116 of 2020.

Mr. Keshav Pratap Singh, Advocate with Mr. Ankit Chaudhary, Advocate and Mr. Anmol Puri, Advocate For the petitioner in CWP No.7230 of 2021.

Mr. Abhilaksh Gaind, Advocate with Mr. Rakesh Roy, Advocate For respondent No.4.

Mr. T.P.S Walia, AAG Punjab.

Mr. Kannan Malik, Advocate For respondent No.6-CBSE in all the petitions.

***

HARSIMRAN SINGH SETHI, J. (Oral)

1. Present bunch of ten writ petitions involve common question of law in the context of common set of facts and thus they are being decided by a common order.

2. In the present bunch of petitions, the grievance being raised by the petitioners-Institute is that the condition of seeking “No Objection Certificate” has been made mandatory by Education Officer, Government of Punjab vide impugned order dated 11.02.2020, copy of which has been appended as Annexure P-7.

3. Learned counsel for the petitioner(s) submits that the said condition imposed by C.B.S.E vide circular No.10 dated 08.07.2023 is only qua the new schools which are to be granted affiliation and not the schools who have been granted affiliation qua the extension is to be granted to schools with respect to the affiliation.

4. Learned counsel for the petitioner(s) submits that the letter issued by the Central Board of Secondary Education has been misinterpreted by the Government of Punjab while issuing the impugned order dated

11.02.2020 (Annexure P-7).

5. Learned counsel appearing on behalf of the respondent No.6- CBSE sides with the argument of the learned counsel for the petitioner that “No Objection Certificate” is not required qua the institutions who have already been granted the affiliations but same to be granted the extension and “No Objection Certificate” is only applicable in case, any new school is to be established.

6. Learned counsel for the respondent-State submits that the memo dated 11.02.2020 was issued by the State keeping in view the circular issued by the CBSE and in case, the CBSE is of the view that the “No Objection Certificate” is not required qua the institute who have already been granted the affiliation or even those institute which require extension in respect of affiliation, no