Holy Family Seva Samsthe Trust (R) Vs Central Board of Secondary Education (Cbse)

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NC: 2025:KHC:6195 WP No. 30800 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 30800 OF 2024 (EDN-RES)

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BETWEEN:

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HOLY FAMILY SEVA SAMSTHE TRUST (R) REGISTERED UNDER INDIAN TRUST ACT, 1882 HAVING ITS REGISTERED OFFICE AT ST. XAVIERS SCHOOL, BEEKANAHALLI, JYOTHINAGAR POST CHIKMAGALUR - 577 102 REPRESENTED BY ITS SECRETARY, SRI. ROSHAN SEQUIERA

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…PETITIONER

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(BY SRI. DHEERAJ S.J., ADVOCATE)

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AND:

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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. REPRESENTED BY ITS CHAIRPERSON

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Digitally signed by MAHALAKSHMI B M 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. REPRESENTED BY ITS DEPUTY SECRETARY/ JOINT SECRETARY (AFFILIATION)

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…RESPONDENTS

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(BY SRI. SHAILENDRA M.R., ADVOCATE FOR R1 AND R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.10.2024 BEARING NO.CBSE/AFF/WL-000492425/2024-25 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXUREJ AND ETC.

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NC: 2025:KHC:6195 WP No. 30800 of 2024

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Petitioner is seeking for the following reliefs:

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“a) Issue a Writ of Certiorari or any other appropriate writ, order, or direction quashing the impugned order dated 21-10-2024 bearing No.CBSE/AFF/WL-00049-2425/2024-25 passed by the Respondent No.2 vide Annexure-J;

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b) Issue a Writ of Mandamus or any other appropriate writ, order or direction to the Respondents to grant affiliation to CBSE syllabus to the Petitioner School;

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c) Grant such other relief as this Hon'ble Court may deem fit in the interests of justice and equity.”

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Petitioner applied to respondent No.1 for

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affiliation to the CBSE Syllabus in the prescribed manner and format by applying online on June 2023. Respondent No.1 considering the same, appointed an Inspection Committee for conducting the Physical Inspection on 10.05.2024. The Inspection Committee visited the

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3 - NC: 2025:KHC:6195 WP No. 30800 of 2024

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petitioner’s school and submitted a report and recommended rejection of the application for affiliation to the petitioner-school. The Inspection Committee made certain remarks and also gave findings with regard to the affiliation to the petitioner-school.

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Petitioner aggrieved invoked remedy as provided under CBSE Byelaws. The petitioner, after rectifying the defects, approached the Review Committee

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as provided under the CBSE Byelaws. The Review Committee revisited the grounds made out by the petitioner, the Review Committee conducted its inspection and recommended that the petitioner-school is entitled to CBSE Affiliation.

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This being so, by the impugned order at Annexure-J without considering the Review Committee’s report, rejected the CBSE Affiliation to be granted to the petitioner. That the petitioner had complied with all the deficiencies, however, respondent No.2 by order dated 21.10.2024 without considering the findings of the Review

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NC: 2025:KHC:6195 WP No. 30800 of 2024

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Committee and without providing an opportunity to the petitioner, has introduced entirely new grounds for rejection depriving the petitioner of an opportunity to rectify the deficiencies.

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Learned counsel for the petitioner, pointing to

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the grounds of the rejection followed at Annexure-J, submits that the rejection grounds made out in AnnexureJ are some which were already considered by the Review

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Committee, and new grounds which were never raised by the Inspection Committee or the Review Committee.

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Per contra , learned counsel for respondent No.1

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would support the impugned order and submit that there is no merit in the statement made by the learned counsel for the petitioner. It is submitted that the petitioner had not cured the deficiencies as raised and hence, the order of rejecting the application for affiliation came to be passed at Annexure-J.

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NC: 2025:KHC:6195 WP No. 30800 of 2024

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This Court has carefully considered the rival

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contentions urged by the learned counsel for the parties and perused the material on record.

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Perusal of the order at Annexure-J does not

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indicate the consideration of the Review Committee’s finding, which structure mechanism to address the deficiencies. The petitioner having rectified the deficiencies, which have been culled out in the inspection report by the Review Committee at Annexure-H and had recommended the affiliation of the petitioner-school.

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This being the fact, the impugned order at Annexure-J is without considering the review committee’s positive finding and without providing any justification for arriving at a different conclusion rejecting the application of the petitioner seeking affiliation was arbitrary.

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In the circumstances, the impugned order at Annexure-H warrants interference and this Court pass the following:

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NC: 2025:KHC:6195 WP No. 30800 of 2024

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ORDER

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i. Writ petition is allowed.

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ii. Impugned order dated 21.10.2024 at Annexure-J is set aside.

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iii. Respondent No.1 to reconsider the application for affiliation of the petitioner after affording sufficient opportunity to the petitioner to clear the deficiencies if any in terms of the Review Committee’s finding, consideration of the application for affiliation to be made within an outer limit of four weeks from the date of receipt of copy of this order.

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iv. All contentions are kept open to be urged before the appropriate forum.

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v. The petitioner is at liberty to file necessary documents in support of his contentions before respondent No.1.

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Sd/-

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________________________ JUSTICE K.S. HEMALEKHA

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MBM List No.: 2 Sl No.: 18

Holy Family Seva Samsthe Trust (R) v. Central Board of Secondary Education (Cbse)

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Holy Family Seva Samsthe Trust (R) v. Central Board of Secondary Education (Cbse)

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