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2024 DIGILAW 2359 (MAD)

Tagore Higher Secondary School v. Central Board of Secondary Education, New Delhi

2024-10-04

MUMMINENI SUDHEER KUMAR

body2024
ORDER : 1. The petitioner herein is the School that was established in the year 1974 and affiliated to the respondent Board vide order dated No. CBSE/AFF/19385/1322 dated 25.11.1983 and the same has been renewed from time to time and finally through the impugned order dated 15.06.2017, the said provisional affiliation granted in favour of the petitioner School upto Secondary Level was withdrawn on the ground that the petitioner School failed to comply the provisions laid down in the affiliation Bye Laws and Examination Bye Laws of the respondent Board as well as other Rules and Regulations prescribed by the respondent Board from time to time. Aggrieved by the said order dated 15.06.2017, the petitioner filed an appeal before the appellate authority and the appellate authority, by an order dated 27.02.2018, rejected the appeal filed by the petitioner. It is aggrieved by the said orders dated 15.06.2017 as confirmed by the order dated 27.02.2018, the petitioner approached this Court by filing W.P.No.6323 of 2018. 2. This Court, while entertaining the writ petition, passed an interim order dated 26.04.2018 permitting the petitioner School to admit the students in the School, however, duly notifying the parents of the students that they are admitting the children only at the risk, in case of adverse orders, if any that would be passed, in the writ petition and they cannot come forward with the contention that they have already admitted the children in the School and the relief has been granted, who have been admitted in the academic year 2018-2019 onwards. By virtue of the said interim order, the petitioner School is running duly admitting the students. 3. When the matter was taken up for consideration before this Court, on an earlier occasion, this Court, after having taken note of the fact that the petitioner School has been running since the year 1974 and the major failure of the petitioner School in not complying with the provisions of the affiliation Bye Laws and other Examination Bye Laws, etc is only on the ground of failure of providing proper infrastructure namely, play ground attached/adjacent to the place, where the School is running, though the petitioner claimed to have provided the play ground at a distance of about 500 meters from School in question. Except the non-compliance of the Bye Laws pertaining to the infrastructural facilities, there is no complaints on the School in connection with the academic performance, teaching staff, standard of education, etc. 4. In the light of the above and also considering the fact that the School has been in existence since the year 1974, this Court made a suggestion to the learned counsel appearing for the respondent Board to ascertain whether it is permissible to grant reasonable time of about three years to the petitioner School to bring the institution strictly in conformity with the affiliation Bye Laws and Examination Bye Laws, etc., while permitting the petitioner School to continue to exist and subject to the petitioner obeying all conditions including furnishing Bank Guarantee to ensure that the petitioner School strictly confirm all relevant Bye Laws of the respondent Board, and accordingly the matter was adjourned. 5. In response, Mr.T.Sri Krishna Bhagavat, learned counsel appearing for the respondent Board on instructions submitted that the respondent Board is willing to grant three years time to the petitioner to bring the School strictly in conformity with all the Bye Laws that are applicable to the petitioner School on condition, that the petitioner shall provide an un- conditional Bank Guarantee for an amount of Rs.50,00,000/- and undertake to comply with all the Bye Laws of the respondent Board and also to permit the students to appear for examinations, in the meanwhile. 6. Considering the same, this Court, required the petitioner to file an undertaking affidavit to bring the institution in conformity with all the Bye Laws of the respondent Board within a period of three years and also to furnish an un-conditional Bank Guarantee for an amount of Rs.50,00,000/-. Accordingly, the petitioner filed an affidavit before this Court and also, the relevant paragraph from the affidavit reads as under: “7. Admittedly, apart from the 36 Cents of land in the existing premises in the heart of Tindivanam Town, the Petitioner School possesses another 1.5 acres of land near the existing premises. The Petitioner has started all arrangements to construct new buildings in the 1.5 acres of land after obtaining all the necessary permissions from the competent authorities. The construction of new buildings and shifting of the school to the new buildings may take about three years. The Petitioner has started all arrangements to construct new buildings in the 1.5 acres of land after obtaining all the necessary permissions from the competent authorities. The construction of new buildings and shifting of the school to the new buildings may take about three years. The Petitioner undertakes to obtain all the clearance certificates for the new buildings, such as structural stability certificate, fire safety certificate, sanitary certificate, etc. as required by the CBSE. 8. The Petitioner also undertakes to furnish Bank Guarantee for a sum of Rs.50.00 lakhs favouring CBSE in proof of its above undertaking to move the school to the new buildings within a period of three years. 9. The Petitioner respectfully prays that CBSE may allow all the students studying in the Petitioner School to appear for the CBSE Examinations for the next three academic sessions viz., 2025-26, 2026-27 and 2027-28.” 7. In the light of the above undertaking, this writ petition is disposed of directing the respondent Board to permit the students who are now studying VIII, IX & X standard in the petitioner School to appear for the Board examinations during the academic years 2025-2026, 2026-2027 and 2027-2028 and by the end of academic year 2027-2028, the petitioner shall comply with all the provisions that contained in the affiliation Bye Laws, Examination Bye Laws and other rules and regulations that are applicable to the petitioner School and then make a fresh application. In case, if the petitioner comply with the said requirements and make a application, the respondent shall consider the same in accordance with law and pass appropriate orders thereon, with effect from the academic year 2028-2029. 8. The petitioner is further directed to provide an un-conditional Bank Guarantee for a sum of Rs.50,00,000/- in favour of Secretary, Central Board of Secondary Education, “Shiksha Kendra” 2, Community Centre, Preet Vihar, New Delhi within a period of three(3) weeks from today and hand over the original Bank Guarantee to the Secretary of the Respondent Board. The petitioner shall also ensure that the Bank Guarantee is renewed from time to time well in advance till 31.12.2028. The petitioner is also further directed to update the respondent Board about the steps that they are being taken from time to time for complying with their undertakings at the end of every academic year, while uploading the names of the students appearing for the Board Examinations. The petitioner is also further directed to update the respondent Board about the steps that they are being taken from time to time for complying with their undertakings at the end of every academic year, while uploading the names of the students appearing for the Board Examinations. This order is passed under peculiar facts and circumstances of the case and shall not be treated as precedent in any other case. 9. It is also made clear that the petitioner School shall not be entitled for any further indulgence from this Court or from the respondent Board including the time scheduled fixed, unless the petitioner comply with all the legal requirements to run the School. In case, if the petitioner fail to comply with the legal requirements as above, respondent Board is at liberty to take appropriate action including encashment of Bank Guarantee. 10. The petitioner School is also further directed to put all the parents of the students, who are going to be admitted from the academic year 2025-2026 onwards and the students already studying as on date, about affiliation status of the School and no student of the petitioner School shall be entitled to claim any equity at later stage, if the petitioner fail to bring the School within the four corners of law. 11. The learned counsel appearing for the respondent Board is requested to forthwith communicate this order to the Board to enable enrollment of the students for the academic year 2024-2025.