Central English School v. the State of Bihar and Ors.
Case brief
What is this about?
The Court held that a school applicant cannot be penalized for delays in obtaining State Government approval beyond its control. The Court directed the CBSE to consider the affiliation fresh after a personal hearing within three months, ensuring the petitioner is not disadvantaged by State lapses.
What did the court decide?
The CBSE directed to grant personal hearing and dispose of the affiliation application within three months, not penalizing the petitioner for State Government's delay in issuing N.O.C.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11007 of 2010
1. CENTRAL ENGLISH SCHOOL, MOHALLA KABIRGANJ, P.O.+P.S.- SASARAM,
DISTT.- ROHTAS (BIHAR) THROUGH ITS CHAIRMAN, SYED HASAN NEZAMI
S/O SRI MD. MOIN R/O MOHALLA- BIRLA MANDIR ROAD, P.O.- BANKIPUR,
P.S.- PIRBAHORE, DISTT.- PATNA
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT
OF HUMAN RESOURCE DEVELOPMENT (SECONDARY EDUCATION), GOVT. OF
BIHAR, PATNA
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE
DEVELOPMENT (SECONDARY EDUCATION), GOVT. OF BIHAR, NEW
SECRETARIATE, PATNA
3. THE CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA 2,
COMMUNITY CENTRE, PREET VIHAR, DELHI- 1100092 THROUGH ITS
CHAIRMAN
4. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA
KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 1100092
5. THE DEPUTY SECRETARY (AFF), CENTRAL BOARD OF SECONDARY
EDUCATION, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR,
DELHI- 1100092
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2/ 02/08/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for the Central Board of Secondary Education (hereinafter referred to as the ‘C.B.S.E.’.
Issues for consideration
3 issues framed by the court
Whether a school applicant should be penalized for delays in obtaining State Government No Objection Certificates (N.O.C) beyond its control?
The extent of the Central Board of Secondary Education's (CBSE) discretion when affiliating a school that satisfies some but not all criteria?
Whether the Court should direct the CBSE to afford a personal hearing and decide within a specific timeframe?
Parties & counsel
- petitioner
Central English School, Mohalla Kabirganj through its Chairman, Syed Hasan Nezami
- respondent
The State of Bihar through the Principal Secretary, Department of Human Resource Development (Secondary Education), Govt. of Bihar
- respondent
The Principal Secretary, Department of Human Resource Development (Secondary Education), Govt. of Bihar
- respondent
The Central Board of Secondary Education through its Chairman
- respondent
Case details
As recorded by the court registry
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