JUDGMENT : R.K. Dash, J. - The Petitioners, 11 in number, were the students of Queen Mary's School, Raja Bagicha, Cuttack. They being represented by their fathers have filed this writ petition seeking a direction to the Council for the Indian School Certificate Examinations, New Delhi (for short, "the Council") opposite party No. 1 to grant necessary permission to Cambridge School, Cuttack to admit them to Standard-IX as requested by letter dated 26-2-1997, Annexure-7 and to direct the Council to permit them to appear in the ensuing Indian Certificate of Secondary Education Examination (for short, 'I.C.S.E. Examination') to be held in March, 1999 from Cambridge School, opposite party No. 2 in extending the time stipulated for registering the entry forms for the aforesaid examination, and to pass such other orders as may be deemed fit and proper. 2. Petitioners' case shortly stated is that they completed their studies in Standard-VIII in Queen Mary's School which is not affiliated to the Council and are presently prosecuting higher studies in the said school. Since Queen Mary's School being un-affiliated cannot be permitted to prepare the Petitioners to present them for I.C.S.E. Examination, the president of the said school requested the Principal of Cambridge School, Cuttack to admit them in Standard-IX after obtaining requisite permission from the Council. Acceding to such request, the Principal moved the Council in his letter dated 26-2-1997, Annexure-7 seeking permission/ clearance to enable him to admit the Petitioners in Standard-IX. On receipt of the said letter, the Council informed the Principal vide letter dated 7-3-1997, Annexure-8 that as per the Rules of the Council, affiliated school are not permitted to admit the students of un-affiliated schools to Standard-IX and X. 3. The grievance of the Petitioners is that the circular/ guidelines at Annexure-4 envisage that admission of the students of un-affiliated schools in Standard IX of affiliated schools can be made only after obtaining clearance/permission from the Council and accordingly though such permission in their case was sought for by the Principal, Cambridge School, but as ill-luck would have it, the same was turned down on assigning the reason at Annexure-8 which is contrary to the said circular/guidelines. On earlier occasion, the Council had accorded such permission on the basis of the very same circular / guidelines, but in the present case the Petitioners have been discriminated and are denied of admission. On earlier occasion, the Council had accorded such permission on the basis of the very same circular / guidelines, but in the present case the Petitioners have been discriminated and are denied of admission. So, finding no other alternative, they have approached this Court by filing the present writ petition seeking the reliefs as indicated earlier. 4. The Council, opposite party -No. 1 through its Chief Executive and Secretary has filed counter traversing most of the averments made in the writ petition. While challenging the reliefs as claimed, it has been contended that it is the Queen Mary's School which having been denied of affiliation, has filed the present writ petition through the guardians of the Petitioners. As to the prayer of the Petitioners to permit them to take I.C.S.E. Examination scheduled to commence in March, 1999, the opposite party No. 1 has urged that such permission cannot be granted since Queen Mary's School where the Petitioners have been prosecuting their studies in Standard-IX and X has not yet been affiliated to the Council. So far the next prayer regarding grant of permission to Cambridge School to admit the Petitioners in Standard-IX, it is submitted that the power to grant permission completely vests with the authorities of the Council and the Petitioners as of right cannot ask for such permission. On earlier occasion, permission was accorded in individual cases of hardship on account of transfer, displacement etc. to take admission in affiliated school but such permission as a matter of course cannot be permitted to large number of students coming from un-affiliated schools. In the premises, the opposite party No. 1 would urge that the Petitioners are not entitled to the reliefs as prayed for and their writ petition being misconceived should be dismissed in liming. 5. We have heard the learned Counsel appearing for the parties and have perused the pleadings as well as the relevant documents available on record. Shri S.S. Das. learned Counsel for the Petitioners has strenuously contended that a school having up to Standard-VIII is not required to be affiliated to the Council and only when it intends to open Standard-IX, X, XI and XII, affiliation is necessary as provided in the circular guidelines. Shri S.S. Das. learned Counsel for the Petitioners has strenuously contended that a school having up to Standard-VIII is not required to be affiliated to the Council and only when it intends to open Standard-IX, X, XI and XII, affiliation is necessary as provided in the circular guidelines. In that view of the matter, refusal to accord permission as sought for by the Principal Cambridge School to admit the Petitioners coming from an un-affiliated school in Standard-IX, is illegal unjust being contrary to the circular/guidelines. Therefore, in order to undo the injustice caused to the Petitioners, urges Sri Das, the Council should be directed to accord permission retrospectively to Cambridge School to admit the Petitioners in Standard-IX and to permit them to take the ensuing I.C.S.E. Examination scheduled to commence from March. 1999. 6. Per contra, Sri P. Panda, learned Counsel appearing for the Council has urged that Queen Mary's School being not an affiliated school should not have imparted education in Standard-IX and X and in view of the guidelines that students of affiliated schools are only permitted to take I.C.S E. Examination, no direction can be given to the Council to allow the Petitioners to appear in such examination. Sri Panda has further submitted that Principal Cambridge School cannot ask for permission as of right to admit the Petitioners to Standard-IX since they prosecuted their studies in an unaffiliated school; in other words, the students coming from un-affiliated schools cannot take admission in an affiliated school. 7. In view of the aforesaid contentions raised at the Bar, the first and foremost question for consideration is whether the Council is correct in refusing to grant permission to Cambridge School to admit the Petitioners in Standard-IX. We find from the record that the President, Queen Mary's School moved the Principal, Cambridge School under Annexure-6 requesting to apply to the Council for permission to admit the Petitioners in Standard-IX. Accordingly, the Principal. We find from the record that the President, Queen Mary's School moved the Principal, Cambridge School under Annexure-6 requesting to apply to the Council for permission to admit the Petitioners in Standard-IX. Accordingly, the Principal. Cambridge School sought for permission but the same was turned down under Annexure-8 on the ground that as per the rules of the Council affiliated schools are not permitted to admit the students from un-affiliated schools to Standard-IX and X. We have scrutinized the guidelines for affiliation available on record with the assistance of the Counsel for the parties and do not find any provision debarring students passing out from Standard-VIII of un-affiliated schools to take admission in 'Standard-IX of an affiliated school. Paragraph-10 of the guidelines provides that obtaining of clearance from the Chief Executive and Secretary of the Council is a condition precedent for admission to Standard-IX, X, XI and XII. To put it differently, no pupils can be admitted in the aforesaid classes without there being prior clearance/permission from the authorities of the Council. 8. In Chapter-I of the guidelines, Annexure-5 under caption "Conditions for provisional affiliation of Schools", it is provided that no school may admit students to Standard IX without the Council's prior approval for the same. This stipulation is clear, specific and without any ambiguity. If, however, the Council intended that no school even from Standard VI could be established without affiliation or approval it should have clearly stated so in the guidelines. But that was never its intention. This observation of ours gains support from what the guidelines provide that in order to obtain necessary affiliation, a school has to satisfy certain conditions, one of the conditions being the maintenance of records of attendance of students in Standards IX, X, XI and XII for the purpose of admission to Council's examinations. This obviously shows that the schools having classes up to Standard VIII are excluded from the purview of affiliation, otherwise they would have been asked to maintain such records from Classes VI to XII. Thus to conclude, we hold that no affiliation from the Council is required for the schools having classes up to Standard VIII and therefore, the students passing out Standard VIII from those schools can be admitted in Standard IX of affiliated schools with prior clearance/permission of the Council. 9. Thus to conclude, we hold that no affiliation from the Council is required for the schools having classes up to Standard VIII and therefore, the students passing out Standard VIII from those schools can be admitted in Standard IX of affiliated schools with prior clearance/permission of the Council. 9. In almost a similar case like the present one in O.J.C. No. 12335 of 1998 Ramesh Chandra Bhuyan v. State, decided on December 14, 1998, reported in. 87(1999) C.L.T. 359, Petitioner's son and daughter after having prosecuted their studies in Woodlands School. Cuttack which is admittedly an unaffiliated school, wanted to take admission in New Stewart School which is affiliated to the Council. Council's permission was sought for by the Principal for admission. In reply, the Council asked for certain documents of the students, such as transfer certificate, Class VIII Annual Promotion Report, etc. to enable it to take a decision. All the necessary documents as desired were supplied, but even then permission was refused on the ground that the school from which the students passed out from Class VIII was an unregistered institution. In course of argument to a specific query that whether the Council has any Regulation or Rules prohibiting admission of students from an unaffiliated school to an affiliated school, the learned Counsel appearing for the Council submitted that though there is no such prohibition, but no admission is permissible without taking prior permission/clearance from the Council. He further submitted that grant of permission/clearance to the students of unaffiliated school to take admission in an affiliated school rests completely on the discretion of the Council. This being the case of the Council in the aforesaid writ petition, it is not permitted to take a different stand in the present writ petition that as a matter of rule no permission can be granted to the students of an unaffiliated school to take admission in Standard-IX of an affiliated school. In the present case, what we find from the pleadings of the Council, is that it is annoyed with the behavior and attitude of the functionaries of Queen Mary's School in the matter of grant of affiliation. In the present case, what we find from the pleadings of the Council, is that it is annoyed with the behavior and attitude of the functionaries of Queen Mary's School in the matter of grant of affiliation. But its annoyance should not have been reflected on the future of the Petitioners, inasmuch as they having come out successful in Standard VIII from Queen Mary's school should not have been denied of permission to prosecute their higher studies in Cambridge School, particularly when the Principal of the latter school expressing his willingness to admit them sought for Council's permission. It is submitted at the Bar that total strength of Cambridge School in Standard-IX consisting of 3 sections, is 180 and presently 30 seats are lying vacant. When eligible students, namely the Petitioners and Ors. were anxious to prosecute their higher studies in Standard-IX and the Principal was willing to admit them, there was absolutely no justifiable reason on the part of the Council to refuse permission. We do not appreciate and approve the action of the Council which has affected the career of the innocent students, the Petitioners herein. We hope and trust, in future the Council will not act in such manner refusing permission to eligible students desirous of taking admission in Standard-IX of an affiliated school. 10. Coming to the next question as to whether the Petitioners can be permitted to appear the ensuing I.C.S.E. Examination, it may be stated that Queen Mary's School being not an affiliated school should not have admitted the Petitioners to Standard-IX and allowed them to prosecute their studies for 2 years when it knows well that they cannot be permitted by the Council to appear in the aforesaid examination. As borne out from the guidelines/circular, only affiliated schools are eligible to present their students to appear in the I.C.S.E. Examination. In that view of the matter, we cannot persuade ourselves to accede to the request of the Petitioners to issue necessary direction to the Council permitting them to appear in the said Examination. The standard of Education has to be maintained at all costs. Needless to mention that the schools under the control of the Council and Central Board of Secondary Education have maintained educational standards. So in order to maintain high standard in education, prayer of the. Petitioners as aforesaid have to be rejected. 11. The standard of Education has to be maintained at all costs. Needless to mention that the schools under the control of the Council and Central Board of Secondary Education have maintained educational standards. So in order to maintain high standard in education, prayer of the. Petitioners as aforesaid have to be rejected. 11. In view of discussions made above, we allow the writ petition in part. We direct the Council and its authorities to accord necessary permission to the Principal, Cambridge School to admit the Petitioners in Standard-IX from the academic session 1999-2000. In the circumstances, there shall be no order as to costs. R. K.Patra, J. I agree. Writ application partly allowed. Final Result : Allowed