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2007 DIGILAW 379 (PAT)

Bharat Singh v. Union Of India

2007-02-20

V.N.SINHA

body2007
Judgment V.N.Sinha, J. 1. Heard learned counsel for the parties. 2. The two sons of petitioner no.1, daughter of petitioner no.2 and the son of petitioner no.3 are the students of Class X/XI of ST. Severins High School, New Area, Kadamkuan, Patna (hereinafter referred to as the School) and were to appear in the Secondary/Senior Secondary School Examination, 2007 conducted by the Central Board of Secondary Education (hereinafter referred to as the CBSE) in March, 2007 but when their registration for the said examination was not made by the authorities of the CBSE on the ground that the affiliation of the School itself stood withdrawn under order dated 17.9.2004, Annexure-8 to this application with effect from the date of issue of the said instruction, they have approached this Court by filing the present writ application to direct the authorities of the CBSE to register and permit them to appear in the said examination. 3. In support of the prayer made in this application, learned counsel for the petitioners has submitted that having withdrawn the affiliation with effect from 17.9.2004 the authorities of the CBSE permitted the students of the School to appear in the Secondary/Senior Secondary School Examination, 2005 and 2006, in the circumstances, the students of the School should have been allowed to appear in the Secondary/Senior Secondary School Examination, 2007 as well, in view of the undertaking of the School dated 12.10.2006 submitted to the Secretary, CBSE, as contained in Annexure-14 to this application. 4. Learned counsel for the CBSE has opposed the prayer with reference to the averments made in the counter affidavit as also the case law referred to in the counter affidavit and relied upon during the hearing of this case, namely, the case of Minor Sunil Oraon Tr. Guardian & Ors. vs. CBSE & Ors., reported in 2007(1) PLJR 69 (SC). Learned counsel for the CBSE has opposed the prayer with reference to the averments made in the counter affidavit as also the case law referred to in the counter affidavit and relied upon during the hearing of this case, namely, the case of Minor Sunil Oraon Tr. Guardian & Ors. vs. CBSE & Ors., reported in 2007(1) PLJR 69 (SC). With reference to the averments made in the counter affidavit, learned counsel for the CBSE submitted that the affiliation of the School was withdrawn for the failure of the School to comply with the provisions of the Affiliation Bye-laws of the CBSE as also for failure to produce the title documents of the place where the School was functioning but considering the larger interest of those who studied in Class IX, X, XI and XII on the date of withdrawal of affiliation i.e. 17.9.2004, the students of the said classes were permitted to appear in the Secondary/Senior Secondary School Examination, 2005 and 2006 as to that effect stipulations were made in the order-withdrawing the affiliation dated 17.9.2004 and the subsequent order dated 25.10.2004 and 31.12.2004, as contained in Annexures-. 9 and 11, but close perusal of those orders would, however, indicate that the School was restrained from engaging new class IX/XI for the subsequent academic session and in the circumstances the prayer made in the application to permit the wards of the petitioners to appear in the Secondary/Senior Secondary School Examination, 2007 is absolutely misconceived and should be rejected. With reference to the case law referred to in the counter affidavit and placed before this Court during the hearing of this application, he submitted that this Court should not allow the students of unrecognized School to appear at the examination by becoming liberal, generous or sympathetic towards them as the Hon ble Supreme Court has deprecated such practice of educational institution admitting students without requisite recognition or affiliation. 5. Having heard counsel for the parties, I have examined the facts of the case in hand as also the facts of the reported case of Minor Sunil Oraon (Supra) and the other cases referred to in the counter affidavit. 5. Having heard counsel for the parties, I have examined the facts of the case in hand as also the facts of the reported case of Minor Sunil Oraon (Supra) and the other cases referred to in the counter affidavit. It appears, in the case of Minor Sunil Oraon (Supra) the affiliation of Cambridge School, Tatisilwai, Ranchi was withdrawn under orders dated 27/28.2.2003, for its failure to abide by the Affiliation and Examination Bye laws yet Class IX, X, XI and XII students of the said school were permitted by the CBSE to appear in the Secondary/Senior Secondary School Examination held in 2003 and 2004. Later, the School in question submitted the following undertakings to the CBSE under their letter dated 19.11.2004:- "(a) We have not taken admission in class IX and XI and will not admit without the permission of the Board. (b) We have not admitted any additional student in Class X and XII for 2005 Exam. (c) I firmly promise not to approach the Board in future for examinations to be held after the students currently in Class X and XII are kindly allowed to take their examinations in 2005 on humanitarian grounds." The CBSE considering the aforesaid undertaking dated 19.11.2004, informed the School in question under letter dated 9.12.2004 that as they have not engaged Class IX and XI for the examinations to be held in 2006, the Class X/XII students were allowed to appear in the Secondary/ Senior Secondary Examination, 2005. Having availed the opportunity of appearing its students in the three consecutive examinations, the School in question applied for fresh affiliation on 22.3.2005 indicating that there was no student in class IX/XI. During the pendency of the fresh request School in question was dearly warned not to engage class in the Secondary/Senior Secondary level, yet the School in question requested the CBSE under letter dated 6.2.2006 to permit 159/121 students to appear in the Secondary/Senior Secondary School Examination, 2006, which was turned down and appreciating the aforesaid facts that the School had itself undertaken not to engage Class IX and XI for the examination to be held in 2006, the request of Minor Sunil Oraon & Ors. to appear in the Secondary/Senior Secondary School Examination 2006 was rejected even after they had appeared in the Secondary/ Senior Secondary School Examination 2006 pursuant to the Courts order. to appear in the Secondary/Senior Secondary School Examination 2006 was rejected even after they had appeared in the Secondary/ Senior Secondary School Examination 2006 pursuant to the Courts order. 6 The facts of the present case are different as in the present case the School after withdrawal of the affiliation was allowed to make its students appear in Secondary/Senior Secondary School Examination 2004 and 2005. The third opportunity to appear its students in the Secondary/Senior Secondary School Examination 2007 has not been given to the students of the School in question in spite of its undertaking dated 12.10.2006, Annexure-14 to this application not to open/engage class IX and XI for the Session 2007-09, in the circumstances, present case is different from the case of Minor Sunil Oraon {Supra) in which School in question even after withdrawal of affiliation was allowed three opportunities to appear its students in the Secondary/Senior Secondary School Examination, 2003, 2004 and 2005. Had the CBSE treated the case of the School at par with that of the School of Minor Sunil Oraon & Ors. namely, Cambridge School, Tatisilwai, Ranchi and had granted third opportunity to appear its students in the Secondary/Senior Secondary School Examination, 2007 the occasion to file this case may not have arisen at all. To treat similarly situate teaching institutions differently tantamounts to acting in an arbitrary manner violating Article 14 of the Constitution of India. 7. The case law referred to in the counter affidavit does not consider the aspect of discrimination against the Examining Body vis-a-vis the teaching institution, which has been noted and discussed above. In the circumstances, the other case law referred to in the counter affidavit are not being dealt with in this order. 8. In the facts and circumstances discussed above, the prayer made in the writ petition is allowed and the CBSE is directed to register the Class X/XII students of the School, who have been promoted from Class IX/XI for their appearance in the Secondary/Senior Secondary School Examination, 2007 scheduled to begin in March, 2007. The aforesaid direction shall, however, not include those students who have been directly admitted in Class X/XII and have not been promoted from Class IX/XI. The aforesaid direction shall, however, not include those students who have been directly admitted in Class X/XII and have not been promoted from Class IX/XI. It is made clear that this judgment has not considered the merits of the request of the School for its affiliation with the CBSE, which has to be considered by the Affiliation Committee and the Governing Body of the CBSE on the basis of the report of the Inspecting Team. 9. Before parting with this order, this Court is of the view that the CBSE being an Examining Body, should have a definite policy of its own about the treatment to be meted out to the students of the different institutions whose affiliation is withdrawn. 10. This application is, accordingly, disposed of. No cost.