Central Board of Secondary Education (Cbse) Vs M/S Bolleneni Gurappa Sunitha Educational Trust

CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) AN AUTONOMOUS ORGANIZATION UNDER MINISTRY OF EDUCATION, GOVERNMENT OF INDIA, “SHIKSHA KENDRA”, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REP. BY ITS CHAIRPERSON.

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Digitally signed by PRAJWAL A Location: High Court of Karnataka

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CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) AN AUTONOMOUS ORGANIZATION UNDER MINISTRY OF EDUCATION, GOVERNMENT OF INDIA, “SHIKSHA KENDRA”, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REP. BY ITS DEPUTY SECRETARY/ JOINT SECRETARY (AFFILIATION)

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…APPELLANTS

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(BY SMT. ANANDITHA REDDY, ADVOCATE)

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AND:

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M/S BOLLENENI GURAPPA SUNITHA EDUCATIONAL TRUST A REGISTERED TRUST

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HAVING ITS OFFICE AT NO. 38, 6TH CROSS, III BLOCK, THYAGARAJANAGAR, BENGALURU-560 028. REP BY ITS CHAIRMAN, DR. G. GURAPPA NAIDU.

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…RESPONDENT

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(BY SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR C/R1)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THAT PART OF THE IMPUGNED ORDER IN PARAGRAPH 9 IN WRIT PETITION No. 25599/2023 (EDN-RES) DATED 24.01.2024 AND ALLOW THIS APPEAL AND CONSEQUENTLY DISMISS THAT PART OF THE ORDER IN THE WRIT PETITION PERMITTING 27 STUDENTS TO CONTINUE STUDIES IN CLASS IX OF THE RESPONDENT, UNAFFILIATED SCHOOL, 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 MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH

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NC: 2025:KHC:3644-DB WA No. 626 of 2024

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

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Learned counsel for the respondent has filed a memo dated 20.01.2025, which reads as under:

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“The respondent above named prays that the above appeal may kindly be dismissed as the prayer sought in the above appeal does not survive for consideration for the reason that the impugned order dated 24.01.2024 passed in W.P.25599/2023 (Edn) has been implemented by the appellant Board and a fresh order dated 04-05/03/2024 came to be passed again rejecting the application filed by the respondent trust seeking affiliation.

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The said order of rejection of affiliation passed by the appellant board dated 04-05/03/2024 came to be challenged in W.P.No.8992/2024 (Edn-Res) by the respondent trust and the said petition also came to be allowed by quashing the said Endorsement with a further direction to the appellant to reconsider its application within a period of 4 weeks. A copy of the said order dated 12.08.2024 passed in W.P.8992/2024 is produced for kind perusal of this Hon’ble Court.

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In view of the above subsequent developments which has taken place, the prayer sought by the appellant seeking to set aside the impugned order dated 24.01.2024 passed in W.P.25599/2023 does not survive for consideration and as such the above petition may kindly be dismissed as having become INFRACTUOUS , in the interest of justice and equity.”

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NC: 2025:KHC:3644-DB WA No. 626 of 2024

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The challenge in this appeal is to an order passed by the learned Single Judge in W.P.No.25599/2023 dated 24.01.2024, whereby the learned Single Judge has disposed of the writ petition by stating in paragraph No.10 as under:

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“10. Thus, reasons stated in Annexure-P would not sustain, consequently, Annexure-P is quashed. Respondents are directed to reconsider petitioner’s application for grant of affiliation for academic year 2023-24 in accordance with law within a period of four weeks, if necessary by carrying out re-inspection for purpose of confirming compliance.”

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The learned counsel for the respondent would state that, pursuant to the order of the learned Single Judge, the Central Board of Secondary Education (for short ‘CBSE’) has passed an order dated 04/05.03.2024 rejecting the application for affiliation of the respondent. He states that even the said order was challenged by the respondent in W.P.No.8992/2024 which came to be disposed of on 12.08.2024 by the learned Single Judge by stating in paragraph 11 as under:

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“(i) The petition is hereby allowed.

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(ii) The impugned order at Annexure- U dated 04/05.03.2024 passed by respondent No.2 is hereby quashed.

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(iii) Respondents are directed to reconsider the application for affiliation submitted by the petitioner after providing sufficient and reasonable opportunity to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

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(iv) It is further directed that in the event the respondents were to grant affiliation in favour of the petitioner in pursuance of this order, the respondents shall permit the petitioner to upload the data/details of the students admitted to Class – IX and X for the purpose of enabling them to take up examination to be conducted in 2025.”

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According to the learned counsel for the appellants,

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pursuant to the order dated 12.08.2024, inspection has been carried out by the appellants. According to him, insofar as this appeal is concerned, the same has become infurctuous.

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Noting the aforesaid facts, we agree the submission made by the learned counsel for the respondent insofar as this appeal is concerned, because of the subsequent developments which have been taken place after the impugned order was

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