JUDGMENT Mr. Ranjit Singh, J.: - Twelve Civil Writ Petition Nos.11416 of 2011 (G.C.Model Senior Secondary School, Tauru, District Mewat and another Vs. State of Haryana and others), 8265 of 2012 (R.K.Memorial Sr.Sec. School, Vill.Rahra, District Karnal Vs. State of Haryana and others), 8399 of 2012 (Arjun Singh Memorial Sr.Sec. School, Naraina, District Karnal Vs. State of Haryana and others), 8806 of 2012 (S.G.High School Julana Mandi, Distt. Jind Vs. State of Haryana and others), 9000 of 2012 (Jeevan Jyoti Sennior Secondary School, Village Ismila, Distt. Rohtak Vs. State of Haryana and others), 9314 of 2012 (Baba Sobhnath Senior Secondary School, Vill.Farmana Majra, Distt. Sonepat and another Vs. State of Haryana and others), 9371 of 2012 (Mewat Modern Academy, Vill.Bhadas, District Mewat and another Vs. State of Haryana and others), 9372 of 2012 (Mewat Adarsh Senior Secondary School, Pinangwan, Distt.Mewat and others Vs. State of Haryana and others), 9495 of 2012 (Sarvodhya Senior Secondary School, Vill.Didhara, Distt.Mewat and others Vs. State of Haryana and others), 9496 of 2012 (Gordhan Saini High Public School, Vill.Akhnaka, Distt.Mewat and others Vs. State of Haryana and others), 10125 of 2012 (Greenfields Public School, Sunper, District Faridabad Vs. State of Haryana and others), 10127 of 2012 (Holy Angel’s Public High School, Palwal, District Palwal and another Vs. State of Haryana and others) are being disposed of through this common order as the identical issue arise for determination in these cases. The facts are being taken from Civil Writ Petition No.11416 of 2011. 2. The petitioners are the registered Societies and claim that they were granted permanent recognition by Director General of School, Education, Haryana, for classes IX and X on 8.1.2008. The petitioner-Institutions further claim that they were also granted recognition for running classes upto 12th standard. The petitioners deposited the application for permanent recognition with requisite fee with the Director. The Board, however, did not issue the examination forms for the students, when the petitioners approached this Court by way of a writ petition. Plea is that District Education Officer has already carried out inspection of the Schools and have found them fit for recognition for Class XIIth as well. He has forwarded the case to the Committee, which is pending. Since no decision was being conveyed, the petitioners chose to file the present petitions before this Court. 3. Plea is that District Education Officer has already carried out inspection of the Schools and have found them fit for recognition for Class XIIth as well. He has forwarded the case to the Committee, which is pending. Since no decision was being conveyed, the petitioners chose to file the present petitions before this Court. 3. While issuing notice of motion, School Education Board was directed to issue admission forms to the petitioners and to accept the examination forms submitted by the petitioner-Institutions. Thereafter, the case was adjourned from time to time with a direction to continue the interim order. 4. On 14.9.2012, Mr.Nehra, appearing for the State, pointed out that many students were admitted in 10+1 and 10+2 classes by these petitioner-Institutions despite the fact that they were not recognized to run the said classes. Case was adjourned with a direction to the petitioner-institutions to submit the details of all the students who were admitted by the School without awaiting for proper recognition and the details of the fee charged from the students for the purpose of verification. 5. Despite opportunity, the said details have not been submitted. Written statement otherwise has been filed. After making reference to the enabling provisions made in the Rules and Regulations requiring approval to run the classes, it is pointed out that the present petitioner-Schools are neither having recognition from the Haryana Education Department nor have the affiliation from the Board of School Education. As per the Rules and Regulations governing the field, the students of those schools can not be permitted to appear as regular students in 10+2 examination but still in compliance to the interim order passed by this Court, the admission forms were issued to these Schools. Reference is made to the case of C.B.S.E. Vs. P. Sunil Kumar, (1998) 5 Supreme Court Cases 377, where identical question has been considered by the Hon’ble Supreme Court as to whether the students studying in the Institution not affiliated to the Board of School Education can be permitted by the High Court by an interim order to appear in the examination conducted by the Board and if the Board could be compelled to issue certificates to those students. This prayer was negated by the Hon’ble Supreme Court in the following terms:- “The Court cannot by it fiat direct the University to disobey the statute to which it owes its existence and the regulations made by the University itself as that would be destructive of Rule of Law. In the case of State of T.N. Vs. St.Joseph Teacher Training Institute, this Court held that the directions of admitting students of unauthorised Educational Institutions and permitting them to appear at the examination has been looked on with disfavour and students of un-recognized institutions who are not legally entitled to appear at the examination conducted by the Education Department of Government cannot be allowed to sit at the examination and the High Court committed error in granting permission to such students to appear at the public examination.” 6. Reference is also made to the case of Regional Officer, CBSE Vs. K. Sheena Peethambaran and others, (2003) 7 Supreme Court Cases 719, where the practice of permitting the students to pursue their studies and appear in the examination was deprecated. It is accordingly pleaded that the petitioner-schools, which are neither recognized nor affiliated to run +1 and +2 Classes would not deserve any consideration and the interim order passed in favour of the petitioners may be recalled and the writ petition dismissed with heavy costs. To safeguard the interest of the students, the respondents have proposed that these students can, however, be admitted as private candidates under Open School Scheme. 7. Despite direction, the petitioner-Institutions have not disclosed the number of students admitted in those classes without proper recognition to run 10+2 classes. The petitioner-Institutions have also not disclosed the money/fee which they have charged from such students. The action of the petitioner-Institutions in admitting the students without first obtaining proper affiliation or sanction to run that class can neither be appreciated nor permitted to further continue. The Court, however, can not be oblivious to the interest of the students who have been so misled by the petitioner-Institutions to seek admission in their schools. Such students can not be attributed any knowledge about the state of affairs while seeking admission. Because of this peculiarity, I am not inclined to interfere to disturb the admission of such students, who have been admitted in the schools without first obtaining affiliation or sanction to run Class 10+2 by the petitioner-Institutions. Such students can not be attributed any knowledge about the state of affairs while seeking admission. Because of this peculiarity, I am not inclined to interfere to disturb the admission of such students, who have been admitted in the schools without first obtaining affiliation or sanction to run Class 10+2 by the petitioner-Institutions. At the same time, however, the petitioner-Institutions can not be permitted to continue this malpractice for all times to come. This must come to an end and ought to be brought to an end here and now itself. 8. Direction, therefore, is issued to the petitioner-Institutions that they will not admit any student in any class for which the Institutions do not have proper affiliation and recognition from all the competent authorities. It is made clear that any student admitted by these Institutions to any class for which such Institutions do not have proper affiliation or sanction shall be dealt with rather heavy hands. This may invite punitive action not only for disobeying the orders passed by the Court but feasibility of attributing criminal liability would also be considered if any violation of such directions are found or noticed. 9. So far as the case of students now admitted, their admission shall be treated as regularized and if need be, they can be treated as private students appearing in such examinations. The Board and the respondents shall not create any problem for the students for appearing in the examination and for declaration of the result. The Board, however, would be at liberty to regularize these admissions in accordance with law by adopting a procedure, which is admissible and permissible under law. 10. The petitioner-Institutions are hereby commanded to submit the list of those students who have been admitted in those classes for which such institutions have not got affiliation/sanction of the competent authorities. The petitioner-Institutions shall also furnish the total amount of fee realized from such students before the Director, School Education, who shall either himself enquire or depute an officer not below the rank of Joint Director to verify the details submitted by the petitioner-Institutions. If it is noticed that some excessive amount has been charged as a fee or other charges, the Director would be at liberty to order it’s refund to the students. 11. The petitioner-Institutions can not be allowed to escape their illegal activities. If it is noticed that some excessive amount has been charged as a fee or other charges, the Director would be at liberty to order it’s refund to the students. 11. The petitioner-Institutions can not be allowed to escape their illegal activities. The petitioner-Institutions are, therefore, burdened with the costs of Rs.5,000/- per student admitted by such Institutions in those classes, for which such Institutions did not have the proper recognition/sanction or affiliation from the competent authority as per the statute. The half of the costs imposed as damages shall be got deposited in the accounts of Legal Services Authority, Haryana and the remaining half shall be deposited in the Mediation and Conciliation Cell functioning in this Court. 12. The writ petitions are accordingly disposed of with the above directions. The copy of the order be sent to the Director, School Education, Haryana, for ensuring compliance of the order. The copy be also forwarded to the Advocate General, Haryana, to ensure that the orders are properly complied with and implemented to recover the costs/damages and these are deposited in the appropriate head as directed above. ---------0.B.S.0------------