Allowed

The Manager, Gurunikethan Public School v. Central Board of Secondary Education

Kerala HC7 Oct 2016WP(C)/16840/2015

Case brief

AI extract

What is this about?

Court directed CBSE to grant affiliation to petitioner school if two subsisting defects (land survey number and fire safety certificate) were already rectified, regularizing prior student admissions.

What did the court decide?

Direction to CBSE to grant affiliation and regularize admissions; permission for Std.X students to appear in public examination.

The Manager, Gurunikethan Public School Vs Central… — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938

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WP(C).No. 16840 of 2015 (D)

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PETITIONER:

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THE MANAGER, GURUNIKETHAN PUBLIC SCHOOL PANAMUKKU P.O., THRISSUR DISTRICT-680 015.

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BY ADVS.SRI.C.D.DILEEP, SMT.SHYLAJA VARGHESE.

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RESPONDENTS:

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THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REPRESENTED BY ITS SECRETARY,

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'SHIKSHA KENDRA', 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110 301.

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2. THE CENTRAL BOARD OF SECONDARY EDUCATION (AFFILIATION BRANCH), 'SHIKSHA KENDRA', 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301, REPRESENTED BY ITS JOINT SECRETARY.

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ADDL. R3 TO R5 IMPLEADED

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3. SAHODAYA SCHOOL COMPLEX, THRISSUR, REPRESENTED BY ITS CHAIRMAN, MR.MUHAMMED RASHEED. C., PRINCIPAL, ANZAR SCHOOL, PERUMPILAVU, VIA KUNNAMKULAM, PIN - 680 519.

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4. THE CENTRAL BOARD OF SECONDARY EDUCATION, (REGIONAL OFFICE) THIRUVANANTHAPURAM, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE COMPLEX, PATTOM, THIRUVANANTHAPURAM, PIN - 695 004. REPRESENTED BY ITS SECRETARY.

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ARE IMPLEADED AS ADDL. R3 & ADDL. R4 AS PER ORDER DATED 10/03/2016 IN I.A. NO.3469/2016.

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WP(C).No. 16840 of 2015 (D)

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****** ADDL. R5 IMPLEADED

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5. ASSISTANT DIVISIONAL OFFICER, ASSISTANT DIVISIONAL OFFICE, FIRE AND RESCUE SERVICES, THRISSUR - 680 001.

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**** IS IMPLEADED AS ADDL. R5 AS PER ORDER DATED 03/10/2016 IN I.A. NO.15457/2016.**

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R1, R2 & ADDL. R4 BY ADV. SRI.K.M.ANEESH, SC, ADV. SRI.ADARSH KUMAR. ADDL. R5 BY SR. GOVT. PLEADER SRI.SAIGI JACOB PALATTY.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-10-2016, ALONG WITH WP(C).NO.30043 OF 2015 AND WP(C).NO.31640 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 16840 of 2015 (D)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1:TRUE COPY OF THE TRUST DEED NO.474/2003 OF THE GURUNIKETHAN CHARITABLE TRUST.

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P2:TRUE COPY OF THE COMMUNICATION OF THE CBSE NO.CBSE /AFF./SL01897-1213/2011/365750 DTD 28/11/2011.

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P3:TRUE COPY OF THE GUIDELINE ISSUED BY THE 1ST RESPONDENT AS GO(MS)NO.202/11/G.EDN DTD 07/10/2011.

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P4:TRUE COPY OF THE NO OBJECTION CERTIFICATE (NOC)ISSUED BY THE STATE GOVERNMENT AS GO(MS)NO.130/2013/G.EDN DTD 14/05/2013 FOR GETTING AFFILIATION TO CBSE.

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P5:TRUE COPY OF THE ON LINE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD 27/06/2013.

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P6:A TRUE COPY OF THE REPLY LETTER OF THE PETITIONER DTD 01/01/2014 CURING THE DEFECTS AS REQUIRED BY THE 2ND RESPONDENT VIDE LETTER NO.CBSE/AFF/SL 01246/2013/652323 DTD 17/12/2013.

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P7: A TRUE COPY OF THE INSPECTION ORDER NO.CBSE /AFF/SL NO.1246/1415/2014/688657 DTD 13/03/2014 OF THE 2ND RESPONDENT.

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P8:A TRUE COPY OF THE INSPECTION ORDER NO.CBSE/AFF/ SL NO.1246-1415/2014/7243420 DTD 13/06/2014 OF THE 2ND RESPONDENT.

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P9:A TRUE COPY OF THE LETTER DTD 23/06/2014 OF THE ST MARYS RESIDENTIAL CENTRAL SCHOOL.

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P10:A TRUE COPY OF THE ORDER NO.CBSE/AFF/SL NO.1246-1415/2014/739259 DTD 28/07/2014 FOR INSPECTION.

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P11:A TRUE COPY OF THE CONCERNED PAGE DOWNLOADED FROM THE SITE OF THE RESPONDENT CBSE SHOWING STATUS OF THE PETITIONERS EXT. P5 APPLICATION.

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P12:A TRUE COPY OF THE COMPOSITE PROVISIONAL AFFILIATION ORDER GRANTED TO THE SRI VIGNESWARA CENTRAL SCHOOL DTD 29/04/2014.

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P13:A TRUE COPY OF THE REPRESENTATION DTD 17/12/2014 ISSUED BY THE PETITIONER TO THE RESPONDENT.

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P14:A TRUE COPY OF THE APPOINTMENT ORDER DATED 26/09/2014 APPOINTING PRINCIPAL IN THE PETITIONER SCHOOL.

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....2/-

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WP(C).No. 16840 of 2015 (D)

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P15:A TRUE COPY OF THE APPOINTMENT ORDER DATED 22/12/2014 APPOINTING PHYSICAL TRAINING INSTRUCTOR IN THE PETITIONER SCHOOL.

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P16:A TRUE COPY OF THE APPOINTMENT ORDER DATED 01/12/2014 APPOINTING LIBRARIAN IN THE PETITIONER SCHOOL.

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P17:A TRUE COPY OF THE NOTICE DATED 22/01/2016 SENT BY THE RESPONDENT SHOWING DEFECTS.

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P18:A TRUE COPY OF THE DEFECT RECTIFYING REPORT WITH RELEVANT RECORDS.

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P19 A TRUE COPY OF THE DEFECT CURING REPORT.

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RESPONDENT'S EXHIBITS:-

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EXT.R1A COPY OF THE INSPECTION REPORT SUBMITTED BY THE INSPECTION COMMITTEE.

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EXT.R1B COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT DATED 27/07/2015.

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EXT.R1C COPY OF THE OBJECTION/STATEMENT SUBMITTED BY THE CONVENER OF TE INSPECTION COMMITTEE.

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EXT.R1D COPY OF THE LETTER RECEIVED FROM THE CONVENER OF THE NEW INSPECTION COMMITTEE.

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EXT.R1E COPY OF THE INSPECTION REPORT DATED 26/12/2015.

//TRUE COPY//

P.S. TO JUDGE

rs.

ALEXANDER THOMAS, J.

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W.P.(C).Nos.16840/2015, 30043/2015 & 31640/2015

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==================

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Dated this the 7^th day of October, 2016

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These 3 Writ Petitions (Civil) pertain to the prayer for grant of affiliation by the respondent CBSE to the applicant school in question. The petitioner in W.P.(C).No. 16840/2015 is the applicant manager of the school, which has applied for affiliation from the respondent CBSE and that the other 2 Writ Petitions are filed by the students of the said school. W.P.(C).No. 16840/2015 is taken as the lead case and the facts in the said case will be dealt with initially. W.P.(C).No. 16840/2015:

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The petitioner herein is the manager of the Gurunikethan Public School, which is said to have been established in the year 2004 by the Gurunikethan Charitable Trust. It is averred that the school is functioning as per the curriculum and syllabus of the respondent Central Board of Secondary Education (CBSE). The petitioner's main grievance is in relation to non-consideration of Ext.P-5 application dated 27.6.2013 for affiliation submitted by the

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petitioner to the respondent CBSE. It is averred that initially, pursuant to Ext.P-5 application, an inspection report in the matter was submitted after conducting an inspection by the Convener and member of the Inspection Committee appointed by the respondent on 19.9.2014. That the State Government had earlier issued Ext.P-4 no objection certificate dated 13.4.2013 to the school for production before the respondent CBSE. It was thereafter the petitioner had initially applied for affiliation to the respondent CBSE on 27.6.2013. According to the petitioner, after receipt of the application, all the defects pointed out by the respondent CBSE were cured. That then an inspection was ordered on 28.7.2013 and inspection was conducted on 19.9.2014 by the convener and member appointed by the 2^nd respondent. As per Ext.P-11, the petitioner could learn that the inspection report was submitted 2.1.2015 by the committee. That as per the provisions contained in Chapter III of the CBSE Bye-laws in the matter, which regulates the grant of affiliation, a decision on the application is to be taken within a period of six months and that in respect of the application, which is to be filed in the month of June of the year concerned, the decision thereon has to be taken by the CBSE before 31^st of

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December of the same year concerned. It is in the light of these aspects that the petitioner has filed the instant Writ Petition (Civil)

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with the following prayers:

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I. To issue a writ of mandamus or any other writ direction or order directing the 1^st and 2^nd respondents to grant Composite provisional affiliation for secondary school examination to the petitioner school enabling the petitioner's school to register the students of Class IX in this academic year itself.

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IA) To declare that the petitioner school is entitled for deemed Composite provisional affiliation for secondary school examination and the respondent CBSE is bound to grant affiliation number and to register the students of Class IX in this academic year itself.

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ii. To issue a writ of mandamus or any other writ direction or order directing the 1^st and 2^nd respondent to take a decision in the pending Ext.P-5 application within a reasonable time of one month.

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iii. Granting such other relief's as the petitioner may apply and the court may deem fit and proper to grant.”

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It is also pointed out that earlier the petitioner has submitted another application in June 2010 as evident from Ext.P-2 and since there were some issues pending with the State Government authorities concerned relating to the issuance of NOC, the petitioner was instructed to file a fresh application and it is on obtaining the NOC from the State Government authorities concerned that the petitioner had filed the present application as per Ext.P-5 on 27.6.2013.

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Heard Sri.C.D.Dileep, learned counsel appearing for the petitioner, Sri.K.M.Aneesh, learned Standing Counsel for the CBSE appearing for official respondents 1, 2 & 4, and Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for additional R-5.

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In the light of the specific averments of the petitioner that Ext.P-11 has disclosed that the inspection report in the matter was submitted as early as on 2.1.2015, this Court had passed an order on 4.11.2015 to make available a copy of the report of the inspection committee. It was then submitted before this Court by the respondent CBSE that one of the members of the inspection committee had refused to sign the report in respect of the inspection carried out on 9.9.2014 and that the report will be placed within ten days thereafter. Later when the matter was taken up for consideration on 17.12.2015, it was submitted before this Court by the respondent CBSE that the original inspection team comprised of 2 members and that one of them had placed a dissenting opinion and the dissenting member had noted certain defects and that therefore as far as the CBSE is concerned, the inspection process is not yet formally over and therefore that they could not take the matter for consideration on the question of affiliation of the school.

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Further it was pointed out on the basis of the pleadings in the statement then filed before this Court that the respondent CBSE had then already constituted as committee as per Ext.R-1(B) to conduct the inspection and that the inspection team constituted as per Ext.R-1(B), etc. Accordingly, this Court then directed on 17.12.2015 that the said inspection team constituted as per Ext.R-1(B) shall conduct the inspection within one week and file a report before the CBSE and the petitioner's school was directed to make necessary application to conduct the inspection and the respondent CBSE was directed to file a report within one month. Later when the matter was taken up for consideration on 8.2.2016, it was submitted on behalf of the respondent CBSE that the inspection has been completed and certain defects have been noted. The petitioner then pointed out before this Court that they had cured all the defects. This Court had directed as early as on 8.2.2016 that the respondent CBSE shall take a considered decision on the question of affiliation of the petitioner's school within a period of one month therefrom. That matter was accordingly posted to 10.3.2016 to know the outcome of the decision in the matter of grant of affiliation. In spite of the order dated 8.2.2016, it was brought to the notice of this

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Court that the said direction of this Court was not complied with and the respondent CBSE has not taken a decision in the matter of affiliation of the petitioner's school in compliance with this Court's order dated 8.2.2016. Thereupon, the petitioner pointed out before this Court that pursuant to the application made by the petitioner for grant of affiliation, the students were then in the IX Std. and that those students will have to appear in examination of IX Std. as per CBSE norms, in a school, which has got affiliation. According to the petitioner, the petitioner had impleaded additional respondent No.3 herein in the writ proceedings and that said R-3 is a school which has a valid affiliation with the CBSE. On the application the petitioner had also sought necessary orders from this Court as per I.A.No.3470/2016 filed in the W.P.(C). praying for appropriate directions to enable Std.IX students of the petitioner's school to appear in the examination in one of the schools under R-3, as per the CBSE norms. Thereupon, this Court passed order dated 10.3.2016 on the said I.A. directing that there shall be order to the 4^th respondent Regional Office of the respondent CBSE to provide question papers and permit the students of the petitioner's school to appear in the IX Std. examination, etc. and that this would be

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provisional and subject to further orders from this Court.

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When the matter was taken up for consideration on 2.9.2016, it was brought to light before this Court that in spite of the various orders passed by this Court in these writ proceedings the respondent CBSE had not produced the copy of the inspection report pertaining to the petitioner's school and accordingly, this Court ordered on 2.9.2016, that the respondent CBSE shall comply with the earlier referred orders of this Court and shall produce a copy of the inspection report as referred to in this Court's order dated 8.2.2016 within four days' time and that if the report is not so made available, then this Court will be constrained to proceed on the merits of the matter based on the available pleadings and materials, etc. The matter was then listed on 9.9.2016. The order dated 2.9.2016 passed by this Court reads as follows:

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“This Court had passed order dated 4.11.2015 in W.P.(C). No.16840/2015 and 31640/2015 directing the respondent-CBSE to make available the report of the inspection committee constituted in the school as it was pointed out that one of the members of the inspection committee refused to sign the report in respect of the inspection carried out on 9.9.2014. Later, when the matter was taken up on 17.12.2015 it is pointed out by the respondent-CBSE that as one of the members of the inspection committee had noted certain defects, the inspection cannot be said to be fully completed and therefore they could not take up the affiliation and they have constituted a Committee as per Ext.R-1(B) produced in W.P.(C). No.16840/2015 to conduct inspection. Thereupon on making those submissions this Court as per order dated 17.12.2015 had directed the respondent-CBSE to constitute a team as per Ext.R-1(B) and to

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conduct inspection within one week from 17.12.2015 and to file report. The applicant school was also directed to make necessary arrangement to conduct inspection and the respondent-CBSE was directed to file a copy of the report before this Court within one month. Still further, on 8.2.2016 it was submitted by the respondent-CBSE that inspection is complete and certain defects were noted, but the writ petitioner (applicant-school) has asserted that they have cured all the defects. Taking into account these aspects, this Court had passed order dated 8.2.2016 directing the CBSE to take a decision on affiliation within one month from 8.2.2016. The time limit as per order dated 8.2.2016 had expired as early as on 7.3.2016. It is pointed out by the petitioner as well as the respondent-CBSE that the inspection report was not produced by the respondent-CBSE within the said time limit in spite of this Court's order dated 8.2.2016. Later, when the matter was taken up on 10.3.2016 this Court had passed an order directing the 4^th respondent to provide the question papers and permit the students of the petitioner-school to appear in the IX standard examination on the risk and cost of the petitioner school and this will be provisional subject to further orders from this Court. It is pointed out on behalf of the three petitioners in the three Writ Petitions, who represent the applicants school as well as the students of the school, that students of the school will have to appear for the Standard X public examination conducted by the respondent-CBSE in March, 2017 and formalities for registration of the candidature for such Standard X examination will have to be completed by October, 2016.

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Today when the matter is taken up, a pointed question was asked by this Court to the Standing Counsel for the respondentCBSE as to whether previous orders have been complied and whether inspection reports have been made available and if not, reasons for not furnishing the report before this Court. The respondent-CBSE submits through counsel that he has instructed the respondent to make available the report so as to produce before this Court and seeks 4 days time as last chance to produce a copy of the report before this Court. This state of affairs simply cannot go on like this. The respondent-CBSE cannot assume that they can treat the orders of this Court with such scant respect. If proper and necessary action is not forthcoming from the respondent-CBSE, then this Court will be constrained to alert the competent authority of the Government of Indian in the Union Ministry of Human Resource Development (Department of Education) so that this Court is equipped and appraised with necessary materials so as to adjudicate this matter on merits. Accordingly, it is ordered that the respondent-CBSE shall comply with the earlier referred orders of this Court and should produce a copy of the inspection report which is stated to have been carried out by the CBSE as referred to by this Court as per order dated 8.2.2016 within 4 days time. If the report is not made available, then this Court will have to proceed on the merits of the

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matter based on the available materials on record, etc.

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List on 9.9.2016.”

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Later when this matter was taken up for consideration on 9.9.2016, the learned Standing Counsel for the respondent CBSE submitted that some more time is required to effectuate compliance of the directions issued by this Court on 2.9.2016 and that the matter may be posted on 20.9.2016 for enabling the Standing Counsel to appraise this Court in the matter. This Court was then constrained to pass an order on 9.9.2016, which reads as follows:

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“Read this order in continuation of the earlier order passed by this Court dated 02-09-2016. Sri. K. .M. Aneesh, learned standing counsel for the respondents CBSE submits that some more time is required to effectuate compliance of the directions issued by this Court on 02-09-2016 and the matter may be posted on 20-09-2016 for enabling the standing counsel to appraise this Court in the matter. It is made clear that, if the respondent CBSE does not comply with the directions issued by this Court on 02-09-2016 and report the same before the next posting date, then this Court will be constrained to implead the Central Government as the party of this case and direct them to ensure that the officers of the respondent CBSE, take immediate action for compliance of the order of this Court.”

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In compliance with the orders passed by this Court on 2.9.2016 and 9.9.2016, the respondent CBSE has filed an additional statement. Thereafter, the respondent CBSE has filed additional statement dated 21.9.2016 wherein copy of the inspection report pertaining to the petitioner's school was produced Ext.R-1(E) dated

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26.12.2015. A mere perusal of the said statement and Ext.R-1(E) would clearly reveal that though on earlier occasions, the respondent CBSE has pointed out various defects, only two defects are said to be subsisting at the time of consideration of Ext.R-1(E) report and the said two defects are:

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“a. Discrepancy of survey number is still there as one Kharsa number mentioned in land certificate is not matching with the pattam chit. Hence the school is still required to submit revised land certificate with correct kharsa number along with the amended pattam chit if required.

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b. The school has submitted fire certificate only for science lab. Hence the school is still required to submit fire certificate for the entire school building from the concerned government authority.”

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The petitioner has filed an additional affidavit dated 23.9.2016 producing therewith Ext.P-19(4), which is the basic tax receipt issued by the competent State Revenue official concerned (Village Officer of the Revenue Village concerned) and it is submitted by the petitioner that the defect No.I pointed out by the respondent CBSE pursuant to Ext.R-1(E) now stands fully rectified and fulfilled. As regards the other sole surviving defect (defect No.II mentioned above), it is urged by the petitioner that on none of the occasions, the respondent CBSE had stated that the Fire Safety Certificate is required in respect of the entire school building and

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not merely for the science lab alone. Thereupon, the petitioner sought permission from this Court to approach the competent Fire & Rescue authorities of the State so as to enable the conduct of a inspection in that regard and to seek issuance of the certificate in the prescribed proforma. On the application of the petitioner, this Court had passed order dated 3.10.2016 ordering impleadment of the Assistant Divisional Fire Officer, Assistant Divisional Office, Fire & Rescue Service, Thrissur, as additional respondent No.5 in the W.P.(C). Further it is also ordered therein that it is for the petitioner to approach the aforestated Assistant Divisional Fire Officer for conduct of the inspection of the petitioner's school for verifying the fire related safety measures taken by the petitioner in the school and to seek the issuance of the requisite Fire Safety Certificate in the proforma as prescribed in the CBSE bye-laws. The learned Senior Govt. Pleader, who is appearing for the respondent State authorities, was requested to convey the said order to the competent officer concerned and to ensure the conduct of the inspection by the fire officer without much delay and upon the said inspection it was reported by the Fire Officer concerned that certain defects were subsisting and thereupon, the petitioner sought

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permission from this Court to approach the Fire Officer once again after rectification of those defects. This Court had thereupon ordered that it is for the petitioner to cure those defects and that upon curing of such defects, it will be open to approach the Fire Officer for a re-inspection for verification as to whether the defects pointed out were rectified or not and that in case it is established to the satisfaction of the Fire Officer that all the defects noted have been effectively cured by the petitioner, then they may consider the grant of the Fire Safety Certificate in the proforma as prescribed in the respondent CBSE bye-laws.

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Now the learned Senior Govt. Pleader appearing for the respondent State authorities submits on the basis of the instructions from the Assistant Divisional Fire Officer, Thrissur, that a reinspection of the petitioner's school was conducted and it was found that the petitioner has rectified all the defects and upon his satisfaction, the competent officer of the Fire & Rescue Services, has already issued certificate to the petitioner's school in the proforma prescribed as per the CBSE norms. The petitioner has also filed an additional affidavit dated 7.10.2016, producing therewith a copy of the Fire and Safety certificate dated 7.10.2016 issued by the

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Assistant Divisional Fire Officer, Thrissur, in the prescribed proforma and the said document has been marked as Ext.P-20 in the affidavit. Thus it can be seen that after the culmination of the long process of inspections and curing of defects, the only defects that are now subsisting in respect of the school as per the respondent CBSE are the aforestated two defects. According to the petitioner, the first defect pertaining to defect in the survey number of the property stands fully rectified as evident form Ext.P-19(4) basic tax receipt certificate issued by the Village Officer concerned and the second defect relating to the fire certificate has also been cured by the issuance of Ext.P-20 Fire Safety Certificate issued by the Assistant Divisional Fire Officer of the Government of Kerala at Thrissur. To a specific question posed by this Court to the learned Standing Counsel appearing for the respondent CBSE as to whether the only two defects that were subsisting are those mentioned in the statement dated 21.9.2016, Sri.K.M.Aneesh, learned Standing Counsel for the respondent CBSE has fairly submitted that those are the only two defects. Therefore, it is for the petitioner to produce a copy of Ext.P-19(4) as well as Ext.P-20 before the competent authority of the respondent CBSE without any further delay along

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with supporting representation giving the details of the compliance of the defects. The petitioner may do so by producing the same along with certified copy of this judgment. Upon receipt of the original of Ext.P-19(4) and Ext.P-20 fire safety certificate, the competent authority of the respondent CBSE shall thereafter forthwith proceed to take a decision on the issue of affiliation of the petitioner's school and pass necessary orders immediately thereafter, at any rate, within a period of 2 weeks from the date of production of a certified copy of this judgment, along with the supporting document as mentioned above.

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It is to be noted that the petitioner had initially submitted the application for CBSE affiliation as early as in June, 2010, as referred to in Ext.P-2 and it was consequent to certain pending issues relating to the grant of NOC by the respondent State authorities that there was some delay in the matter and the petitioner was instructed to furnish a fresh application, after the grant of Ext.P-4 NOC. Ext.P-5 in the said application, which was submitted as early as on 27.6.2016. It is not in dispute that as per the provisions contained in Chapter III of the Bye-laws of Affiliations issued by the respondent CBSE, the decision thereon should have

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been taken within 6 months. Ext.P-5 application submitted in the academic year 2013-14. The students of the petitioner's school in Std.IX for the academic year 2015-16 [whose case is covered in the aforementioned order dated 10.3.2016 passed by this Court in this W.P.(C)] were admitted to the VIII Standard of the petitioner's school in the academic year 2014-15. However, the inspection process got delayed due to certain reasons totally beyond the control of the petitioner inasmuch as there was even dispute between two members of the first inspection committee. One of the members has certified that the school has fulfilled all the norms, whereas the other refused to sign the inspection report. This led to an impasse and the matter was kept in a limbo for a very long time. This Court has already passed order dated 10.3.2016 as narrated herein above, directing that the 4^th respondent Regional Office of the respondent CBSE shall provide question papers and permit the students of the petitioner's school to appear in the Std.IX examination as per the CBSE norms and one of the schools of the 3^rd respondent, which is affiliated to the respondent CBSE, had provided the question papers of the said IX Std. examination to the petitioner's students who had thus appeared in the said examination in the petitioner's school. So

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the said appearance of those students in Std.IX examination was pursuant to the order dated 10.3.2016. The said students who appeared in Std.IX for the academic year 2015-16 are now in Std.X in the petitioner's school for the academic year 2016-17. It is ordered in the interest of justice that the affiliation of the petitioner's school shall not be rejected by the respondent CBSE on the mere ground that the petitioner had admitted Std.IX & Std.X students in the academic years 2015-16 and 2016-17. It is further ordered that the respondent CBSE authorities shall only consider the limited question as to whether the petitioner's school has rectified the two defects mentioned in the statement dated 21.9.2016 filed in pursuance of Ext.R-1(E) inspection report. It is submitted by the learned Standing Counsel for the respondent CBSE pursuant to Ext.R-1(E) report, the respondent CBSE had sent Ext.P19(1) letter to the petitioner pointing out the said two defects. Therefore, the respondent CBSE shall only consider the limited question as to whether these two defects mentioned in Ext.P-19(1) which are reiterated in the statement dated 21.9.2016, are cured or not. At this point of time, the petitioner should not be harassed by raising other defects, as the respondent CBSE has been repeatedly pointing

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out various defects from time to time and the entire matter was kept in a limbo, due to differences of opinion between the inspection committee members and even the copy of the inspection report was not filed before this Court despite various directions issued by this Court from to time and it was ultimately filed before this Court only along with the statement 21.9.2016. Therefore, if the competent authority of the respondent CBSE is satisfied that the said two defects have been rectified by the issuance of Ext.P-19(4) certificate dated 15.4.2016 issued by village officer concerned and Ext.P-20 Fire Safety Certificate dated 7.10.2016, then the respondent CBSE shall grant affiliation to the petitioner's school as envisaged in the CBSE bye-laws without any fail. In the remotest eventuality of the respondent CBSE perceiving any other defects, then it should be ensured that still the petitioner's school should be granted provisional affiliation so long as the said two aforementioned defects are rectified with the condition that the petitioner's school should rectify any other subsisting defects within the shortest time possible, which the petitioner shall comply without fail and these observations of this Court should not be taken as handle by any of the officials of the respondent CBSE to delay the process of grant of affiliation to

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WP(C).16840/15 etc. - : 18 :-

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the petitioner's school and any such action will be dealt with very seriously by this Court. On the satisfaction that the defects are rectified by Ext.P-19(4) and Ext.P-20 and on grant of affiliation to the petitioner's' school, then it is also ordered that the admissions made by the petitioner in the petitioner's school including that in Std.IX for the academic year 2015-16 and for Std.X in the academic year, 2016-17 will stand regularised. The formal proceedings of the respondent CBSE in the matter of decision in the grant of affiliation as per the CBSE bye-laws as directed above shall be duly communicated to the petitioner by registered speed post without any further delay. Further it is ordered that on the grant of affiliation/provisional affiliation to the petitioner's school, as per the CBSE bye-laws, it will be open to the petitioner to make necessary application to the respondent CBSE for permission for registration of their Std.X students for the public examination of CBSE for the academic year 2016-17 so as to enable them to appear in the public examination to be conducted by the respondent CBSE in March, 2017 or any other deferred dates, upon which the said permission shall also be granted by the respondent CBSE.

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With these observations and directions, the aforecaptioned

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WP(C).16840/15 etc. - : 19 :-

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Writ Petition (Civil) stands finally disposed of.

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W.P.(C).Nos.30043/2015 & 31640/2015:

¶122

As these two Writ Petitions are intimately connected with the issues already decided in W.P.(C).No. 16840/2015, it is ordered that the judgment rendered in W.P.(C).No.16840/2015 shall also regulate the matters in relation to these Writ Petitions as well.

¶123

With these observations and directions, these two

¶124

Writ Petitions (Civil) also stand finally disposed of.

¶125

Sd/-

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sdk+ ALEXANDER THOMAS, JUDGE

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///True Copy///

¶128

P.S. to Judge

The Manager, Gurunikethan Public School v. Central Board of Secondary Education

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The Manager, Gurunikethan Public School v. Central Board of Secondary Education

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