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2017 DIGILAW 1871 (JHR)

Governing Body of the Delhi Public School v. State of Jharkhand

2017-11-06

RAJESH SHANKAR

body2017
ORDER : Rajesh Shankar, J. The present writ petition has been filed for issuance of direction upon the respondents to forthwith issue no objection certificate in favour of the petitioner for the purpose of getting affiliation from the Central Board of Secondary Education (hereinafter referred to as "CBSE"), New Delhi. 2. The factual background of the case as has been stated in the writ petition is that the petitioner has established a school named as Delhi Public School at Mesra, Ranchi which is running since April, 2016. The petitioner filed an application before the CBSE for affiliation, whereupon the CBSE granted temporary affiliation to the petitioner's school and asked for giving no objection certificate from the Jharkhand Government so as to grant affiliation. Thereafter, the petitioner applied for no objection certificate before the State Government on which, certain documents were demanded which were duly supplied by the petitioner. The petitioner filed several representations before the State authorities, but no objection certificate as applied by the petitioner was not granted to it, which gives rise to filing of the present writ petition. 3. The learned Senior Counsel for the petitioner submits that the petitioner is a unit of Society namely, Angika Development Society registered under the Societies Registration Act. The main object of the Society is to impart education and allied purposes related therewith. The Society is already running a school in the name and style of Delhi Public School, Bhagalpur for several years. The petitioner got joint venture with Delhi Public School, New Delhi. The Governing Body of the Society took a decision to establish and open Delhi Public School at Mesra, Ranchi and constructed a huge building as per the requirement and started functioning from April, 2016. The petitioner's school full-fills all the conditions as required by the bye-laws of the CBSE for grant of affiliation to a school. The petitioner was granted a provisional affiliation by the CBSE, however, for the purpose of grant of permanent affiliation, no objection certificate was required to be obtained from the State Government for which the petitioner submitted online application on 01.07.2016 and the authorities of Government of Jharkhand demanded various documents from the petitioner. The said documents were also supplied by the petitioner, however, no decision was taken by a Committee headed by the Director, Secondary Education, Government of Jharkhand, Ranchi. The said documents were also supplied by the petitioner, however, no decision was taken by a Committee headed by the Director, Secondary Education, Government of Jharkhand, Ranchi. Finally, during the pendency of the writ petition, the Committee took a decision in its meeting dated 04.10.2017, wherein certain objections were raised. It is further submitted that the main objection raised by the Committee is that the lease of land granted to the petitioner has not been registered. The rest of the objections are trivial in nature which the petitioner shall meet, if not already done. So far as the objection regarding registration of the lease document of the land is concerned, the same is not required to be seen by the State authorities. Ultimately, it is the CBSE who has to take a decision with regard to grant of affiliation to the petitioner's school. 4. Per contra, the learned counsel for the respondent-State submits that the Department of Human Resources, Government of Jharkhand, has issued directions with regard to issuance of no objection certificate vide notification no. 671 dated 16.03.2012. The State Government has constituted a Committee vide notification no. 2003 dated 20.10.2016 for screening of the applications for grant of no objection certificate for the purpose of getting affiliation by the CBSE. The petitioner made an online application for issuance of no objection certificate on 01.07.2016. The District Education Officer, Ranchi inspected the school and submitted its report. The Committee after considering the documents and the report found that the lease document of the land over which the school is situated is not a registered document and as such, after due deliberation, the Committee headed by the Director, Secondary Education, Government of Jharkhand in its meeting dated 04.10.2017 took a decision that if the petitioner meets the said objections, the Committee shall recommend for issuance of no objection certificate to the petitioner. 5. Having heard the learned counsel for the parties and after going through the materials available on record, it appears that the petitioner is running a school namely, Delhi Public School at Mesra, Ranchi which applied for affiliation before the CBSE and the temporary affiliation was granted to the School and was further directed to take no objection certificate from the Government of Jharkhand. Thereafter, petitioner filed an online application on 01.07.2016 for grant of no objection certificate. Thereafter, petitioner filed an online application on 01.07.2016 for grant of no objection certificate. It is the stand of the respondents that the no objection certificate is pending due to non-fulfilment of the requirements laid down by the CBSE for the purpose of affiliation and primarily for the reason that the lease deed of the school has not been registered. On the other hand, the case of the petitioner is that in the CBSE bye-laws, it is not mandatory for the school to get the lease deed registered and thus, the respondent authorities have arbitrarily kept the petitioner's application pending for unreasonably long time for the grant of no objection certificate. It is further submitted by the learned Senior Counsel for the petitioner that due to non-granting of the no objection certificate, the future of more than 1400 children is in jeopardy. 6. The question before this Court is whether the matter of granting no objection certificate can be kept pending for such a long time for the reason that as per the State authorities, the lease deed of the land over which the school is situated has not been registered. The CBSE in its bye-laws has laid down the criteria for grant of affiliation. Issuance of no objection certificate from the concerned State Government is a precondition for grant of affiliation. In the bye-laws, the CBSE has also laid down other conditions those have to be fulfilled by the School for obtaining affiliation. In Clause 1(ii)(b), there is a condition that "in case of lease, it will be accepted if it is for at least 30 years". The Jharkhand Government vide notification no. 671 dated 16.03.2012 framed guidelines for grant of no objection certificate to any school for affiliation either by the CBSE, New Delhi or ICSE, New Delhi. In Clause 1(ii)(b), there is a condition that "in case of lease, it will be accepted if it is for at least 30 years". The Jharkhand Government vide notification no. 671 dated 16.03.2012 framed guidelines for grant of no objection certificate to any school for affiliation either by the CBSE, New Delhi or ICSE, New Delhi. In the said guidelines, following four conditions for grant of no objections have been provided:- (i) The school completes the eligibility that has been fixed in the Rule of the concerned Board, (ii) The school will comply Right to Free and Compulsory Education Act, 2009 and also the rules framed thereunder, (iii) The State Government or it's representative will inspect the school so as to examine whether the school is following the fixed guidelines or not, (iv) If it is found that the school violates the requisite criteria of the concerned Board for affiliation and the aforesaid directions, the State Government shall have a right to withdraw the no objection certificate. 7. The main purpose for obtaining no objection from the concerned State is that the School would abide by the Right to Free and Compulsory Education Act, 2009 and the laws made thereunder and also to ensure that the school follows the standard fixed by the affiliating Board. Issuance of "no objection certificate" by the State Government to the Schools is the implied permission to run the Schools affiliated by CBSE or ICSE in the State which is also to ensure quality education. However, the objection of the State authorities that the school does not have registered lease deed of the land as required in the bye-laws of CBSE does not appear to be justified. I am of the view that the said aspect is exclusively within the domain of the CBSE which is required to be examined by it in accordance with the affiliation bye-laws. The Committee formed by the State while considering the matter of grant of no objection certificate cannot keep the application pending for unreasonable period. I am of the view that the said aspect is exclusively within the domain of the CBSE which is required to be examined by it in accordance with the affiliation bye-laws. The Committee formed by the State while considering the matter of grant of no objection certificate cannot keep the application pending for unreasonable period. If the Committee of the State Government has any objection with regard to noncompliance of any of the conditions of the affiliation bye-laws framed by the CBSE, it is the obligation of the Committee to forward the conditional no objection certificate setting out the particular objection which as per the Committee, has not been fulfilled by the school in terms with the CBSE's affiliation bye-laws. The CBSE being an affiliating body has to take a final decision in the matter of affiliation and as such, it is not proper for any Committee of the State Government to keep any application for issuance of no objection certificate pending for unreasonable period. From the facts, it transpires that due to the pendency of application for issuance of no objection certificate, the future of the students studying in the school is in tenterhooks. 8. Considering the aforesaid facts and circumstances, the respondents are directed to forward the conditional no objection certificate putting the objection with regard to Clause (k) of decision no. 2 taken by the Committee of the State Government in the meeting dated 04.10.2017 (Annexure-D series) within a period of two weeks from the date of receipt/production of a copy of this order. 9. The writ petition is accordingly disposed of with aforesaid observation and direction.