Disposed

Dr. Sone Lal Patel Public School and Another v. Central Board of Secondary Education Shiksha KENDRA-2 through Its Secretary and 3 Others

Allahabad HC4 Jul 2024WRIC/14250/2024

Case brief

AI extract

What is this about?

The Single Judge dismissed the writ petition by dismissing the maintainability of an alternative remedy provided under the CBSE Bye-laws, directing the petitioners to file a representation within 15 days.

What did the court decide?

Stayed the effect of the impugned withdrawal order pending filing of a representation under the Bye-laws.

Dr. Sone Lal Patel Public School and Another vs… — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:108126

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Court No. - 34

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Case :- WRIT - C No. - 14250 of 2024

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Petitioner :- Dr. Sone Lal Patel Public School And Another Respondent :- Central Board Of Secondary Education Shiksha Kendra-2 Through Its Secretary And 3 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- Hridai Narain Pandey

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Saroj Kumar Yadav, learned counsel for the petitioners and Sri H.N. Pandey, learned counsel appearing for all the respondents.

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By means of the present writ petition, the petitioners have prayed for the following relief:

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"(i) To issue a writ, order or direction in the nature of certiorari calling for records and to quash the orer dated 22.03.2024 passed by respondent no.3/Joint Secretary (Affiln), Central Board of Secondary, withdrawing the provisional affiliation granted to the Dr. Sone Lal Patel Public School Hamirpur Road, Juhi Kanpur Nagar with immediate effect, with direction not to run any class under CBSE pattern or use the name of CBSE in any manner from the academic session from 01.04.2024 onward wef the academic session commencing from 01.04.2024.

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(ii) To issue a writ, order or direction in the nature of mandamus thereby directing the respondent not to interfere into the peaceful functioning of the petitioners and further prayed for issuing direction upon respondents to allow the petitioner to take admission of the students in the Dr. Sone Lal Patel Public School Hamirpur Road, Juhi Kanpur Nagar and further be permitted the students of the school to appear in the board examination to take their examination as per CBSE Schedule.

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(iii) To issue any other writ, order or direction in the nature of as this Hon'ble Court may deem fit and proper under the circumstances of the case.

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(iv) To award cost of writ petition to the petitioners."

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The issue involved in the writ petition is in respect of withdrawal of the provisional affiliation granted to the petitioner by the C.B.S.E.

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At the very outset, a preliminary objection has been raised by the learned counsel appearing on behalf of C.B.S.E. regarding the

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maintainability of the writ petition on the ground of alternative remedy is provided under the Chapter 13 of the Bye-laws.

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Taking into consideration the fact that there is an statutory remedy available to the petitioners for the ventilation of their grievances, it would be appropriate that the matter be relegated to the concerned authority for taking appropriate decision in the matter.

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It has been pointed out that the period for filing the representation as provided under the Bye-laws is 30 days. In the interest of justice, the delay, if any, in filing the representation, shall be ignored by the authority concerned while entertaining the representation. However, it is provided that the petitioner shall file the aforesaid representation within a period of 15 days from today and in case such a representation is filed before the authority concerned within the stipulated time, the same shall be considered and decided on its own merits, within a maximum period of two months from the date the aforesaid representation along with certified copy of this order is produced before it.

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With the aforesaid direction, the present writ petition is disposed of .

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Order Date :- 4.7.2024 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad

Dr. Sone Lal Patel Public School and Another v. Central Board of Secondary Education Shiksha KENDRA-2 through Its Secretary and 3 Others

Case brief

What is this about?

What did the court decide?

Dr. Sone Lal Patel Public School and Another v. Central Board of Secondary Education Shiksha KENDRA-2 through Its Secretary and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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