Dismissed¶¶25

Nav Gian Deep Public School v. Central Board of Secondary Education (Cbse) & Anr.

Delhi HC5 Feb 2026LPA/58/2026

Case brief

AI extract

What is this about?

LPA 58/2026; Nav Gian Deep Public School v. CBSE & Anr.; High Court of Delhi; Division Bench; condonation of delay of 09 days; exemption application allowed; maintainability of LPA pointed out; appeal dismissed as withdrawn; liberty to approach learned Single Judge; harsh observations in impugned order; CM APPL. 7968/2026; CM APPL. 7969/2026; order dated 05.02.2026.

What did the court decide?

Delay of 09 days in filing the appeal condoned; CM APPL. 7969/2026 (for exemption) allowed; appeal dismissed as withdrawn, with liberty left open to the appellant to move an appropriate application before the learned Single Judge regarding the observations in the impugned order. ¶¶25

Nav Gian Deep Public School Vs Central Board of Secondary Education (Cbse) & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶25

Issue for consideration

Whether the delay of 09 days in filing the appeal should be condoned. +2 more

¶¶17

Court's answer

The delay of 09 days in filing the appeal is condoned.

¶¶18

Ratio / Principle

CM APPL. 7969/2026 (for exemption) is allowed, subject to all just exceptions, and stands disposed of.

¶¶13

Key takeaways

The appeal is dismissed as withdrawn, learned senior counsel for the appellant having sought withdrawal on instructions after it was pointed out that the appeal would not be maintainable and may not be entertained; the maintainability objection was not decided.ratio¶¶25
Without expressing any opinion on the submission that the observations of the learned Single Judge are harsh and prejudicial to the interest of the appellant-school, it is left open to the appellant to approach the learned Single Judge by moving an appropriate application for that purpose.ratio¶¶26

Detailed headnote1 paragraphs

Delhi High Court (Division Bench: Devendra Kumar Upadhyaya, CJ and Tejas Karia, J.), order dated 05.02.2026 in LPA 58/2026, Nav Gian Deep Public School v. Central Board of Secondary Education (CBSE) & Anr. — (i) CM APPL. 7969/2026 (for exemption) allowed, subject to all just exceptions; (ii) CM APPL. 7968/2026 (for condonation of delay): delay of 09 days in filing the appeal condoned; (iii) in the appeal, when it was pointed out that the appeal would not be maintainable and may not be entertained, learned senior counsel for the appellant, on instructions, sought withdrawal, and the appeal was dismissed as withdrawn; (iv) on the appellant's submission that certain observations of the learned Single Judge in the impugned order are harsh and prejudicial to the interest of the appellant-school, the Division Bench, without expressing any opinion whatsoever, left it open to the appellant to approach the learned Single Judge by moving an appropriate application.

¶1

$~38

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- LPA 58/2026

¶4

NAV GIAN DEEP PUBLIC SCHOOL .....Appellant

¶5

Through: Mr.Uttam Dutt, Sr.Adv. with Ms.Zoya Mehta, Ms.Sonakshi Singh and Mr.Naman Kumar, Advs.

¶6

versus

¶7

CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) & ANR. .....Respondents

¶8

Through: Mr. M.A. Niyazi, SC with Ms.Manisha Singh, ASC for CBSE.

¶9

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

¶10

O R D E R

¶11

% 05.02.2026

¶12

CM APPL. 7969/2026 ( for exemption )

¶13

Allowed, subject to all just exceptions.

¶14

The application stands disposed of.

¶15

CM APPL. 7968/2026 ( for condonation of delay )

¶16

Heard learned counsel for the parties.

¶17

This is an application moved on behalf of the appellant seeking condonation of delay of 09 days in filing the appeal.

¶18

Having heard the learned counsel for the parties and the reasons explained in the application, the delay of 09 days in filing the appeal is hereby condoned.

¶19

This is a digitally signed order.

¶20

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 11/02/2026 at 11:17:21

¶21

The application stands disposed of.

¶22

LPA 58/2026

¶23

Heard learned counsel for the parties.

¶24

After arguing at some length, when it was pointed out that this appeal would not be maintainable and accordingly, may not be entertained, learned senior counsel representing the appellant, on instructions, seeks to withdraw the appeal. However, he has stated that certain observations made by learned Single Judge in the impugned order are harsh and therefore, the appellant may be given liberty to move an appropriate application before the learned Single Judge.

¶25

The appeal is, thus, dismissed as withdrawn.

¶26

So far as the submissions of learned senior counsel for the appellant that the observations made by learned Single Judge are harsh and prejudicial the interest of the appellant – school, without expressing any opinion whatsoever on the said submission, we leave it open to the appellant to approach the learned Single Judge by moving an appropriate application for the said purpose.

¶27

DEVENDRA KUMAR UPADHYAYA, CJ

¶28

TEJAS KARIA, J

¶29

FEBRUARY 5, 2026 “shailndra”

¶30

This is a digitally signed order.

¶31

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 11/02/2026 at 11:17:21

Nav Gian Deep Public School v. Central Board of Secondary Education (Cbse) & Anr.

Case brief

What is this about?

What did the court decide?

Nav Gian Deep Public School v. Central Board of Secondary Education (Cbse) & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Narendra Sharma Vs Govt. of NCT of Delhi & Ors.

Save India Foundation (Regd.) Vs Delhi Development Authority & Ors.

Deepanshu Sahu Vs Union of India & Ors.

Rafeeque Ahmed Vs Directorate of Health Services Gnctd

Sachin Vs Union of India & Ors.

Ska Insurance Surveyors and Loss Assessors Private Limited Vs Regional Director Northern Region & Anr.