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2025 DIGILAW 185 (PNJ)

Gurukul Convent High School v. Central Board of Secondary Education

2025-07-28

HARSIMRAN SINGH SETHI

body2025
JUDGMENT : Harsimran Singh Sethi, J. 1. In the present petition, the objection being raised by the petitioner-Schools is that they are not required to seek the ‘No Objection Certificate’ from the State while applying for the grant of affiliation with the Central Board of Secondary Education (hereinafter referred to as ‘CBSE’) keeping in view the letter of the CBSE dated 20.02.2025, copy of which has been appended as Annexure P-4. 2. Learned senior counsel appearing on behalf of the petitioners- Schools submits that as per the process envisaged under Annexure P-4 is that the concerned Schools can apply for the affiliation with the CBSE with or without the ‘No Objection Certificate’ from State but the CBSE has to further write to the State to seek the comments/the objections of the State Government qua the said affiliation of the concerned Schools and, therefore, there is no necessity of the petitioner-Schools approaching the State of Punjab for the grant of ‘No Objection Certificate’. 3. Learned senior counsel for the petitioner further submits that the letter which has been issued by the respondent-State dated 13.05.2025 (Annexure P-5), is contrary to the instructions issued by the CBSE dated 20.02.2025 and hence, cannot be sustained. Learned senior counsel further submits that the State has rejected the claim of issuance of ‘No Objection Certificate’ on 07.07.2025 in case of one of the School, which is arbitrary and illegal. 4. Notice of motion. 5. Mr. Beant Singh Seemar, Standing Counsel appears on behalf of the respondent-CBSE and Mr. T.P.S. Chawla, Senior Deputy Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondent-State. 6. 4. Notice of motion. 5. Mr. Beant Singh Seemar, Standing Counsel appears on behalf of the respondent-CBSE and Mr. T.P.S. Chawla, Senior Deputy Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondent-State. 6. Learned counsel appearing on behalf of the CBSE submits that getting the ‘No Objection Certificate’ from the State so as to get affiliation from CBSE is necessary but in order to facilitate better functioning of the process so that much time is not consumed while firstly seeking ‘No Objection Certificate’ from the State and then applying for grant of affiliation, the process was streamlined in the way that in case the Schools want the ‘No Objection Certificate’ from State at the time of filing the application for affiliation with the CBSE, they can do it but where the said ‘No Objection Certificate’ has not been obtained prior to filing for affiliation, the said application seeking application before being allowed, the same will be put before the State by the CBSE so as to get objection of the State and thereafter take a decision whatever is required to be taken as per the process envisaged under law, therefore, seeking ‘No Objection Certificate’ from the State either prior to or subsequent to the filing of the application seeking affiliation from CBSE is must as per the letter dated 20.02.2025 (Annexure P-4). 7. Learned counsel appearing on behalf of the State submits that in the letter dated 20.02.2025 (Annexure P-4), a time frame has been given for the State to respond in case, an Institution/School has not sought the ‘No Objection Certificate’ prior to filing of the application seeking affiliation with the CBSE and as only time limit of 30 + 15 days has been prescribed for the State to reply in such a case and in order to have an effective reply to be given to the claim of an Institution raised before the CBSE for the grant of affiliation, the Schools have been asked to give all the data to the State also so that as and when any information qua the grant of ‘No Objection Certificate’ is sought by the CBSE, the same is replied within a period of 30 days in case, concerned School has not taken ‘No Objection Certificate’ before filing of the application for affiliation with CBSE. 8. 8. Learned counsel for the respondent-State submits that getting the ‘No Objection Certificate’ from the State in order to get affiliation from CBSE is necessary even as per the letter dated 20.02.2025 (Annexure P-4), either prior to filing of the application seeking affiliation or thereafter on the asking of the CBSE as and when any such application is received from an Institution and, therefore, the contention raised by the petitioner-Institutions that they are not required to have ‘No Objection Certificate’ from the State for the purpose of getting affiliation from CBSE is incorrect. 9. I have heard learned counsel for the parties and have gone through the record with their able assistance. 10. Keeping in view the fact that the CBSE as per their own letter dated 20.02.2025 (Annexure P-4) which is being relied upon by the petitioner-Schools, has stated that the ‘No Objection Certificate’ of the State is necessary either prior to filing of the application seeking affiliation or thereafter, the contentions being raised by the learned senior counsel on behalf of the petitioner-Schools that the State has no role to demand any data from the Institution/School, cannot be accepted. 11. Even the learned counsel for the CBSE during the hearing has reiterated the same stand that the grant of ‘No Objection Certificate’ by the State is must either before filing of the application or after the filing of the application on the asking of the CBSE. 12. Further, the process is being simplified by the CBSE so that the Institutions/Schools while seeking affiliation do not suffer from long overdue procedures and they can apply with the ‘No Objection Certificate’ from the State or without the ‘No Objection Certificate’ from the State and where the ‘No Objection Certificate’ has not been obtained by any School from the State while seeking the affiliation of the CBSE, the CBSE on behalf of the Institution/School will write to the State seeking their objections qua any such claim made hence, the ‘No Objection Certificate’ of the State is necessary under all circumstances and the argument being raised by the learned senior counsel appearing on behalf of the petitioner-Schools that ‘No Objection Certificate’ is not needed from the State as per the letter of the CBSE dated 20.02.2025, is incorrect. 13. 13. Further, learned State counsel submits that even when the Institution/School applies for the grant of affiliation with CBSE without getting the ‘No Objection Certificate’ from State and the CBSE writes to the State seeking the comments/objections of the State for granting the affiliation unless and until all the required data is there with the State to see whether ‘No Objection Certificate’ can be given or not, it is difficult to respond back to the query of the CBSE and, therefore, only requirement which has been made as per letter dated 13.05.2025 (Annexure P-5) is that while applying for affiliation before the CBSE, all the documents relied upon by the Schools, should also be forwarded to the State so that the State is ready to respond as and when any query/information is sought by the CBSE from the State of Punjab qua the said Institution/School for the grant of affiliation. 14. This requirement of necessary data, so as to grant ‘No Objection Certificate’ is neither arbitrary nor illegal, especially when, it is the case of the CBSE that till ‘No Objection Certificate’ is given by the State either prior to filing of the application seeking affiliation with CBSE or after the filing of such application by the School before the CBSE, the claim of such Institution for affiliation cannot be processed and finalized. 15. Further, the argument of learned State counsel is that the time frame has been prescribed by the CBSE for the State in it’s letter dated 20.02.2025 (Annexure P-4) by the CBSE to revert back to the query of objection/no objection qua any Institution/School seeking affiliation from the CBSE is only 30 + 15 days. The decision qua grant of ‘No Objection Certificate’ to an Institution has to be taken effectively and on an urgent basis hence, the supply of the said data which an Institution/ School has submitted with the CBSE, non-supply of the same to the State as is being demanded by the letter dated 13.05.2025 (Annexure P-5) cannot be treated as arbitrary or illegal. 16. 16. The information qua the ‘No Objection Certificate’ which has to be given by the State to the CBSE has to be based upon the data that the State receives from the School and in case, after receiving a query from the CBSE qua the grant of ‘No Objection Certificate’, the State of Punjab has to ask for the required data from the Institution/School, it can be a possibility that the time frame of 30 + 15 days can be less time to respond to such query and as per letter dated 20.02.2025, in case State response is not received within time frame, it will be presumed that State has nothing to object therefore, the State of Punjab is seeking the data from the Institute/School while applying for grant of affiliation with the CBSE so that the same could be replied back in an effective and efficient manner in case any such information is sought, same cannot be treated as arbitrary and illegal. 17. No ground is made out for any interference by this Court in the present petition. 18. Dismissed.