Glorious Public School Vs Central Board of Secondary Education — Delhi HC (2025) — LawSathi Research

Glorious Public School Vs Central Board of Secondary Education — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to CBSE to treat the petition as a representation and dispose of it by a speaking order within 10 days after affording personal hearing to the petitioner; petitioner/School restrained from taking new admissions in Class-IX to Class-XII till disposal of the representation; liberty to CBSE to seek further documents; copy ordered to be given dasti.

Issue for consideration

Whether the Impugned Order bearing no. CBSE/AFF./2730679/2025/00353 dated 24.02.2025 passed by CBSE should be quashed by a writ of certiorari as being completely illegal, arbitrary, unconstitutional and in violation of principles of natural justice.

Court's answer

The Court disposed of the petition with a direction to respondent/CBSE to treat the petition as a representation and dispose of it by a speaking order within 10 days, after affording personal hearing to the petitioner.

Ratio / Principle

Interim restraint: petitioner/School will not take any new admissions for Class-IX to Class-XII till the disposal of its representation before CBSE.

Key takeaways

Clarification that nothing has been expressed on the merits of the case and the order will not create any special equities in favour of the petitioner.ratio¶¶23
Respondent/CBSE is at liberty to seek any further documents from the petitioner/School, if deemed necessary, for deciding the representation.ratio¶¶24
CM APPL. No. 26347/2025 allowed subject to all just exceptions and the application stands disposed of.

Detailed headnote1 paragraphs

Glorious Public School v. Central Board of Secondary Education (Delhi High Court, Vikas Mahajan, J., 02.05.2025): The petitioner-School sought a writ of certiorari to quash CBSE Order No. CBSE/AFF./2730679/2025/00353 dated 24.02.2025 as illegal, arbitrary, unconstitutional and violative of natural justice. On the Senior Counsel's limited submission, the Court disposed of the petition directing CBSE to treat it as a representation and decide it by a speaking order within 10 days after affording a personal hearing. Till then, the School was restrained from taking new admissions in Class-IX to Class-XII. The Court expressly expressed nothing on the merits, clarified that no special equities were created, and permitted CBSE to seek further documents while deciding the representation.

$~67

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 5772/2025

GLORIOUS PUBLIC SCHOOL .....Petitioner Through: Mr. Manish Vashisth, Senior Advocate with Mr. Prakash Kumar and Mr. Sanjeev Vats, Advocates.

versus

CENTRAL BOARD OF SECONDARY EDUCATION .....Respondent Through: Mr. M.A. Niyazi, Standing Counsel with Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi and Mr. Arquam Ali, Advocates.

CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R % 02.05.2025

CM APPL. No. 26347/2025

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 5772/2025 and CM APPL. No. 26346/2025

The present petition has been filed by petitioner seeking following

reliefs:

“Pass a writ of Certiorari or any other appropriate writ and/or directions quashing the Impugned Order bearing no. CBSE/AFF./2730679/2025/00353 dated 24.02.2025 passed by the Respondent Central Board of Secondary Education (CBSE) as being completely illegal, arbitrary, unconstitutional and in violation of principles of natural justice.”

At the outset, Mr. Manish Vashishth, learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner will not

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:52:32

press the present petition any further if the respondent treats the present petition as a representation and dispose of the same by a speaking order after affording personal hearing to the petitioner.

In view of the above, issue notice.

Mr. M.A. Niyazi, learned counsel appearing on behalf of the respondent/CBSE accepts notice.

Having regard to the limited relief articulated by Mr. Vashishth, this Court deems it appropriate to dispose of the present petition with a direction to the respondent/CBSE to treat the same as representation and dispose of the same by way of a speaking order within a period of 10 days from today, after affording personal hearing to the petitioner. Ordered accordingly.

It is made clear that petitioner/School will not take any new admissions for Class-IX to Class-XII till the disposal of its representation.

It is further clarified that nothing has been expressed on the merits of the case nor the present order will create any special equities in favour of the present petitioner.

Respondent/CBSE will be at liberty to seek any further documents from the petitioner/School, if deemed necessary, for deciding the abovesaid representation.

Petition and application, stand disposed of

A copy of this order be given dasti under signature of Court Master.

VIKAS MAHAJAN, J

MAY 2, 2025/ jg

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 23:52:32