The Central Board of Secondary Education, Vs Janani Public School

THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION GNANA BHARATHI MAIN ROAD CHANDRA LAYOUT EXTENSION NAGARABHAVI 2^ND STAGE BENGALURU - 560 072

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…APPELLANTS

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(BY SRI. MADHUKAR DESHPANDE, ADVOCATE)

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AND :

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JANANI PUBLIC SCHOOL NO.43, GOVERNMENT COLLEGE ROAD OPPOSITE TO SAI DURG APARTMENTS KADUGUDI, BENGALURU - 560 067 REPRESENTED BY ITS SECRETARY SRI K.S. CHANDRASHEKAR

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…RESPONDENT

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(BY SRI. K. VIJAYA KUMAR, ADVOCATE)

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NC: 2025:KHC:6624-DB WA No. 222 of 2025

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 27/01/2025 PASSED IN WP NO.33200/2024 PASSED BY THE LEARNED SINGLE JUDGE AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. Madhukar Deshpande for the

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appellants and learned advocate Mr. K. Vijaya Kumar for the respondent.

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This appeal is directed against the order dated 27.01.2025 which reads as under,

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"As an interim arrangement, respondent Nos.1 and 2 are directed to permit the 18 students of the petitioner-School to take 10^th Standard examination for the academic year 2024-25, to be held from 15.02.2025, subject to the final outcome of the writ petition without claiming any equity."

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Evidently, the said order was passed as an interim

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arrangement and permission was granted to 18 students to take up

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3 - NC: 2025:KHC:6624-DB WA No. 222 of 2025

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the tenth standard examination for the academic year 2024-25 which was made subject to the outcome of the writ petition. The rights of any of the parties are not finally crystallized and there is no trapping of finality in the order.

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In the circumstances, the court is not inclined to invoke the appellate jurisdiction. Only on this ground, the appeal is liable to be dismissed.

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While dismissing the appeal on the above ground only, the court noticed the background fact that prima facie , the petitionerschool-respondent herein has the affiliation of the Central Board of Secondary Education (CBSE) Certificate from the academic year 2025-26 only. Still, however, it has ventured to admit the students who would be enjoying the aforesaid interim order which permits them to appear in the examination for the tenth standard in the current academic year, running a risk.

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5.1 However, it is observed that the factum of appearance of the students in the examination which was permitted by the above order does not create any equity or right in favour of the petitionerrespondent herein.

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NC: 2025:KHC:6624-DB WA No. 222 of 2025

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It is further observed and provided that in the eventuality if

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the petitioner does not succeed in getting the final relief in the petition and if the petition fails, the students will have the right to sue the school and seek appropriate relief in accordance with law.

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