The High Court of Madras refused to entertain a writ petition challenging CBSE affiliation bye-laws regarding land requirements for schools in cities with a population over 15 lakhs, holding no public interest was shown.
WPetition not entertained. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.19901 of 2021
T.Sathiyamoorthy ...Petitioner
-vs-
1.The Secretary
Ministry of Education, Shastri Bhawan
Dr.Rajendra Prasad Road
New Delhi.
2.The Chairman Central Board of Secondary Education
Shiksha Kendra, 2, Community Centre
Preet Vihar, Delhi – 110 092.
3.The Director
Tamilnadu School Education Department
DPI Complex, College Road
Chennai.
4.The Regional Office Central Board of Secondary Education
New No.3, Old No.1630A, J Block
16th Main Road, Anna Nagar West
Chennai – 600 046. ...Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the 2nd
respondent to amend the clause 3,4 and 3.5 of the CBSE
affiliation bye-laws in related with land requirements and
consequently allow 24 sections school with 3000 sq.m land area
for municipal city corporations (Madurai municipal city) with
more than 15 lakhs populations, included in the clause 3.4 of
the CBSE affiliation bye laws and enable us to convert our
school from State Board to CBSE.
For the Petitioner :Mr.M.Palanivel
For the Respondents :Mr.P.Udayakumar – for RR 1, 2 & 4
Mr.P.Muthukumar
State Government Pleader – for R3
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The petitioner, who is involved with a private school in
Madurai, desires that the second respondent Central Board of
Secondary Education amends some of its rules and bye-laws to
facilitate the functioning of the petitioner's school.
2. No case has been made out that the relevant Rules,
even if the same are justiciable, offend the provisions of any
law or are otherwise arbitrary or unconstitutional.
3. The matter also does not involve any public interest
as it concerns the petitioner's school and the applicability of
the CBSE Rules in relation thereto.
4. Accordingly, W.P.No.19901 of 2021 is not entertained,
though the petitioner is left free to make an appropriate
request to the CBSE in accordance with law, even for the purpose
of granting such permission, if necessary. However, nothing in
this order should be construed to be even a request to the CBSE
to modify its Rules or bye-laws or to make an exception for the
petitioner.
There will be no order as to costs.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
Sub Assistant Registrar
sra/kst
To
1.The Secretary, Ministry of Education, Shastri Bhawan, Dr.Rajendraprasad Road, New Delhi.2.The Chairman,
Central Board of Secondary Education,
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Delhi – 110 092.
3.The Director, Tamil Nadu School Education Department,
DPI Complex, College Road,
Chennai.
4.The Regional Office,
Central Board of Secondary Education,
New No.3, Old No.1630A, J Block,
16th Main Road, Anna Nagar West,
Chennai-600046.
W.P.No.19901 of 2021
LN(CO)
RVM(29/09/2021)
2 issues framed by the court
Whether the writ petition seeking amendment of CBSE bye-laws regarding land requirements for school affiliation is maintainable.
Whether a case is made out that the CBSE rules are arbitrary or unconstitutional.
1 provisions across 1 enactments
T.Sathiyamoorthy
Secretary, Ministry of Education
Chairman, Central Board of Secondary Education
Director, Tamil Nadu School Education Department
The Regional Office, Central Board of Secondary Education
Sanjeev Banerjee
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court