Rajasthan HC Orders CBSE to Re-Examine Discriminatory De-affiliation of Schools, Calls for Crackdown on 'Dummy School' Menace - 2025-09-19

Rajasthan High Court Orders CBSE to Re-examine School De-affiliation Citing Discriminatory Treatment, Slams "Dummy School" Menace

Jaipur, Rajasthan – The Rajasthan High Court has directed the Central Board of Secondary Education (CBSE) to reconsider its decision to de-affiliate and downgrade two schools, citing apparent discriminatory treatment. In a significant order, Justice Anoop Kumar Dhand also took judicial notice of the widespread issue of "dummy schools" operating in collusion with coaching centers, calling it a "blight on India's education system" and issuing sweeping directions to curb the practice.

Case Background

The Court was hearing a batch of writ petitions filed by LBS Convent School and The Lord Buddha Public School, and separately by their students. The schools challenged a CBSE order that withdrew their senior secondary affiliation for one year, downgraded them to the secondary level, and mandated shifting students of Classes IX and XI to other institutions. The order was passed following inspections that allegedly found serious violations, including sponsoring "dummy" students, manipulating records, and infrastructural deficiencies.

The students' petitions highlighted the severe disruption to their studies, especially with board examination forms being processed.

Arguments of the Parties

Petitioners' Arguments: Mr. R.B. Mathur, Senior Advocate for the schools, argued that they were victims of discrimination. He pointed out that a third school, Shiv Jyoti Convent Senior Secondary School, faced similar allegations and received an identical initial punishment. However, upon representation, Shiv Jyoti School was allowed to rectify its deficiencies with a fine of ₹5,00,000, while the petitioner schools' representations were rejected.

The counsel contended that the petitioner schools had also submitted necessary documents like hygiene, building safety, and fire certificates, but these were ignored by the CBSE. He asserted that the CBSE applied a contradictory standard, allowing one school to rectify deficiencies while holding the petitioners to a stricter compliance standard at the time of inspection.

Respondent's Arguments: The CBSE counsel countered that there was a critical distinction between the cases. While Shiv Jyoti School had "deficiencies" that could be rectified, the petitioner schools were found to have committed serious "violations of bye-laws." These violations included sponsoring non-attending students, manipulating attendance and salary records, and severe infrastructural gaps. The Board alleged that the schools produced post-dated registers and transferred salaries to closed bank accounts to mislead the inspection team, justifying the stringent penalty.

Court's Analysis and Decision

Justice Dhand, after reviewing the arguments and comparative charts submitted by both parties, noted that identical punishments were initially imposed on all three schools, suggesting similar findings. However, the CBSE later took a different view for Shiv Jyoti School. The Court stated, "This Court is not an expert to make a choice out of the contradictory arguments of comparison, raised by counsel for the parties. It is for the respondent-CBSE to look into the matter and make a comparison or distinction..."

Finding a prima facie case of discriminatory treatment, the Court remitted the matter back to the CBSE with a directive to re-examine the cases of all three schools and pass a fresh, appropriate order within four weeks.

Protecting the students' interests, the Court ordered: - Students currently studying in the petitioner schools shall not be shifted mid-session. - The CBSE must allow these students to appear for their forthcoming board exams, provided they are otherwise eligible. - The schools are restrained from taking new admissions in Classes IX to XII until the matter is decided by the CBSE.

Court Slams "Dummy School" Culture

In extensive parting remarks, the Court launched a scathing critique of the "dummy school" system, where students enroll but do not attend regular classes, instead focusing on preparations for competitive exams like NEET and JEE at coaching centers.

The judgment observed:

"The proliferation of dummy schools is a symptom of a deeper crisis in India's education system, rooted in the commercialization and commodification of education. These institutions, often operating, in collusion with coaching institutes, serve as mere facades..."

Justice Dhand highlighted the immense pressure on students and the adverse impact on their mental health and holistic development. He emphasized that this system jeopardizes the future of lakhs of students who fail to crack the entrance exams and lack the foundation of regular schooling to pursue other career paths.

Sweeping Directions Issued

The Court issued a series of directives to address this systemic issue: 1. SITs for Inspection: The State of Rajasthan and all education boards are to constitute Special Investigating Teams (SITs) to conduct random inspections of schools and coaching centers. 2. Strict Action: If students are found absent from school but present at coaching centers during school hours, strict action must be taken against all stakeholders, including the schools and coaching centers. 3. Mandatory Attendance: The Court endorsed a recent CBSE circular mandating 75% attendance and directed all boards to enforce similar strict bye-laws. 4. Counselling Centres: The State Government was directed to establish counselling centers in all schools to guide students and parents on career choices, discouraging undue pressure.

The order has been forwarded to the Chief Secretary of Rajasthan and the Secretaries of CBSE and RBSE for compliance, marking a significant judicial push for systemic reform in the state's education sector.