JUDGMENT : A.M. SHAFFIQUE, J. 1. Twenty eight students, who were studying in Standard X at Arooja's Little Stars School, Moolamkuzhi, Kochi has filed W.P. (C) No. 6110/2020 inter-alia seeking for a direction to permit the petitioners to write the CBSE Class X examination commencing on 24.2.2020. In fact, by the time they filed the writ petition, two examinations were already over. The facts involved in the case would disclose that petitioners were initially made known that they could write examinations from the SDPY Central School, Kalathara, Kannamali, Kochi, on account of the fact that Arooja's Little Stars School was not affiliated to CBSE. By Ext.P6, SDPY School had permitted the petitioners/students also to apply online for writing examinations. Subsequently, by Ext.P7, SDPY Central School informed the CBSE that those students were not studying or registered in their school. It is pursuant to the above communication that the students and their parents of Arooja's Little Stars School faced the aforesaid debacle and had to approach this Court. 2. By an interim order dated 28.2.2020, the learned Single Judge declined to grant permission to write the examination, against which the students had preferred W.A. No. 403/2020. The school had also filed W.P. (C) No. 3813/2020 seeking a direction to the CBSE to register the students of their school as shown in Ext.P6 list containing 34 students and to issue hall tickets for the CBSE examinations. W.P. (C) No. 4107/2020 has been filed by Al-Azhar English Medium School, Palluruthi. They contended that since CBSE had not properly considered their application for affiliation, the students were attending examination after registering with neighbouring affiliated schools. Standard X students’ applications for registration were made while they were studying in Standard IX itself. But according to them though permission was sought to permit the students to write examination through an affiliated school and the affiliated school was agreeable for the same, CBSE did not grant permission. Later, the Regional Office had informed the petitioners that they will not permit such registration. Four students of Al-Azhar English Medium School had to write the Standard X examination. 3. When the appeal came up for hearing, by an interim order dated 3.3.2020, this Court directed that the CBSE shall permit the students to provisionally write the Xth standard examinations conducted by the CBSE on 4th, 12th and 18th of March, 2020. Four students of Al-Azhar English Medium School had to write the Standard X examination. 3. When the appeal came up for hearing, by an interim order dated 3.3.2020, this Court directed that the CBSE shall permit the students to provisionally write the Xth standard examinations conducted by the CBSE on 4th, 12th and 18th of March, 2020. It was however made clear that the appellants shall not claim any equity on account of the said interim order. A similar order was issued in the case of Al-Azhar English Medium School, in W.P. (C) No. 4107/2020 as well. All the students of Arooja’s Little Stars School and Al-Azhar English Medium School wrote three examinations. Later, when the above matter came up for hearing on 12.6.2020, it was brought to our notice that the examinations of CBSE could not be held at Delhi and the Hindi Course B and English Language and Literature were being conducted by the CBSE at Delhi on 10.7.2020 and 15.07.2020. Certain students had opted for Malayalam as well, instead of Hindi Course B. We, therefore, issued the following directions: “(i) If the examinations of English Lang. and Lit. and Hindi Course B are being conducted by CBSE on the dates aforesaid at Delhi, the same opportunity should be given to the petitioners/students in the very same centre as specified in our order dated 03-03-2020 on the same day. (ii) The CBSE also shall consider whether the students who have opted for Malayalam can be permitted to write the Malayalam examination with yet another set of question papers on the date when Hindi Course B examination is scheduled. (iii) If for any reason, the examinations at Delhi are postponed or not being conducted, whatever modality is followed at Delhi, shall be followed for the petitioners/students. (iv) The internal marks of the respective students shall also be forwarded by the said schools to the CBSE to enable them to publish the results. (v) CBSE shall publish the results of the students after complying with the aforesaid directions.” 4. Later, when the matter again came up for hearing on 16.7.2020, it was informed that the CBSE examinations could not be held at Delhi and therefore the criteria adopted for those students shall be made applicable to the present students also and accordingly, it is informed that except one student who was given compartment, all other students have passed the examination. 5. Learned Standing Counsel appearing for the CBSE had filed a statement, narrating the measures taken to avoid such instances in the future. 6. The problem which had been faced by the students who had been permitted to write the aforesaid examinations was that schools were neither registered nor affiliated to CBSE. However, the said schools had been following the CBSE curriculum and the students were writing the examinations through other affiliated schools. Even on earlier occasions, such issues had been noticed by CBSE, which prompted the CBSE to publish the list of all affiliated schools on their website. They have also given the details of schools that are unaffiliated. Further, a circular dated 29.2.2020 has been published at the national level in various newspapers inter-alia stating that those parents who wish to admit their wards in CBSE affiliated schools are alerted and requested to check affiliation status in the website, www.cbseaff.nic.in. A public notice had also been issued alerting parents against getting admission in unaffiliated schools in various newspapers. The Regional Office of the Board was also informed by their communication dated 29.2.2020, that no request of unaffiliated schools for permitting their students to appear for examination through affiliated schools shall be permitted. The matter has also been informed to the District Educational Officer of all States and Union Territories as per letter dated 04.03.2020. 7. In fact, a Division Bench of this Court in Central Board of Secondary Education (CBSE) and Another vs. V.M. Public School, Perumattom and Others, 2019 (3) KHC 338 (DB) had occasion to consider an almost similar issue. This Court, in fact, had deprecated such practice in paragraph 31 of the said judgment, which reads as under: “31. Before leaving with the matter we have to express our deepest anguish, at the manner in which mushrooming educational institutions have put the future of minor students to serious peril and jeopardy and in the present case with the active participation of the parents. At the first instance, when we called the parents, three of them turned up and insisted that they continued the students in the school since the students were happy with the conditions in the school. At the first instance, when we called the parents, three of them turned up and insisted that they continued the students in the school since the students were happy with the conditions in the school. We are surprised that such an attitude has been taken which we notice might be for the reason that the students now put to peril are the children of the members of the Trust and a teacher of the said institution. We can only say that the parents have behaved in a most irresponsible manner in continuing their wards in an institution which had no affiliation to any recognized Board. Despite that, we contemplated imposition of damages to each of the students to ensure the loss occasioned for the years they lost in a unrecognised and unaffiliated institution, especially since the students loss cannot be ignored even if it was occasioned with the active connivance of the parents. However, we see that the Trust does not have any properties and an imposition of damages would be difficult of recovery. We desist from imposing damages also since, if the State Government considers the case of the students favourably then they could be continued in Standard X in a school affiliated to the Board of Secondary Education of the State and the students may not loose their precious years spent in an unrecognized institution. Then the students would be entitled to invoke the remedy for damages before the appropriate forum, if they so desire. We, with a heavy heart dismiss the Writ Petition and allow the Writ Appeal setting aside the interim order. We direct that the petitioner-school shall be closed down immediately and the Educational Authorities of the State, in the District, shall ensure such closure. The parties are left to suffer their respective costs.” 8. But despite such observations, still parents fail to take necessary care to ensure that their wards are studying in recognized affiliated schools. In the case on hand, this Court has permitted the students to write the examinations since there was a practice in vogue permitting students from unaffiliated schools to write the examination through affiliated schools. While issuing the interim order, this Court asked for information from the counsel for CBSE whether there was any such practice. In the case on hand, this Court has permitted the students to write the examinations since there was a practice in vogue permitting students from unaffiliated schools to write the examination through affiliated schools. While issuing the interim order, this Court asked for information from the counsel for CBSE whether there was any such practice. In fact, learned Standing Counsel appearing for the CBSE submitted that all attempts are being made to stop such an unhealthy practice and it is for that purpose that the advertisements and circulars had been issued as stated in their statement. 9. Insofar as the results of the students who had written the examination has already been published, we don’t think that any further direction is required in the matter. CBSE shall issue necessary certificates to them, as per the prescribed procedure. But we make it clear that, hereafter, the CBSE shall ensure that the practice of permitting students of unaffiliated schools to write examination through affiliated schools shall not be permitted. The parents of the students shall ensure that the school in which their wards are studying is a recognised and affiliated school. The Government shall also ensure that no School shall function without valid affiliation or recognition, as the case may be. 10. The writ appeal and the writ petitions are therefore disposed of in the light of the aforesaid observations.