Allahabad High Court
Happy Model School And Another vs Union Of India And 5 Others on 14 October, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:183630
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32006 of 2025
Happy Model School And Another
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Alok Shukla
Counsel for Respondent(s)
:
A.S.G.I., Alok Tiwari
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Ms. Radhika Singh, learned counsel for petitioners-institution and Sri Alok Tiwari, learned counsel for Central Board of Secondary Education.
2. Petitioner-institution was affiliated with CBSE to run classes up to XII. A surprise inspection was conducted wherein various irregularities were found, accordingly, a show cause notice was issued. The petitioner-institution has submitted its reply, however, vide impugned order dated 25.02.2025, affiliation of school was withdrawn with conditions. Relevant part i.e. 'conclusion' is quoted below :-
"Conclusion:
Thus, the following violations are established beyond doubt:
1. The school is running in two shifts without prior permission for the State Govt. as well as from the Board.
2. The school is indulged in sponsoring non-attending students in Senior Secondary Classes.
3. The school has not maintained the record such as AWR, Admission forms, TC etc. properly.
4. The school has committed irregularities in maintenance of teacher records.
Accordingly, the above gross violations of the Affiliation and Examination Bye-Laws invokes the penalty under Clause 12.1 of the Affiliation By Laws. The violation observed are clearly manifesting wilful non-observance of the Affiliation Bye-Laws and sponsoring non-bonafide students and running the school in two shifts without obtaining prior approval from the Board. Therefore, it can only be concluded that the school is liable for the penalty as can be imposed viz. Withdrawal of Affiliation. Hence, it is proposed that:-
The affiliation granted to the school is withdrawn with immediate effect with the following conditions.
1. Student in Class X and XII are permitted to appear from the same school for session 2024-25. However, students who are presently in class IX and XI shall be shifted to nearby CBSE affiliated school by Regional Office, Prayagraj by 31.03.2025 for session 2025-26.
2. The school shall not take any new admissions or promote the students of lower classes IX and XI by natural progression, hereafter.
3. The school may seek restoration of affiliation upto secondary level after lapse of one academic year i.e. from 2026-27 after ameliorating the deficiencies pointed out with regard to running upto secondary level.
4. The school may seek restoration of affiliation upto senior secondary level only at least after 02 academic years of restoration upto secondary level, if so sought and granted."
3. Aforesaid order was then challenged before this Court by way of present writ petition wherein following order dated 15.09.2025 was passed :-
"1. The instant writ petition has been filed with the following main reliefs:-
"i. Issue a writ, order or direction in the nature of Certiorari quash the impugned orders dated 04.09.2025 passed by the respondent no. 6 (Annexure Nos. 1, to the writ petition).
ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith open the examination portal for Class XII students of the petitioner institution for the academic session 2025-26 and permit registration of such students for the Board Examinations.
iii. Initiate appropriate contempt proceedings against the officials of CBSE including respondent no. 6 for willful and deliberate violation of the interim order dated 02.07.2025 passed by this Hon'ble Court."
2. It is brought to the notice of the Court regarding the order passed by this Court on 02.07.2025 in Writ - C No.20149 of 2025, by which the Court has passed the order for maintaining the status quo by both the parties and it is also clarified that if the students have not been transferred to another schools, the parties shall maintain status quo.
3. Learned counsel appearing on behalf of the petitioners submitted that in spite of the said order dated 02.07.2025 passed by this Court, the impugned order dated 04.09.2025 has been passed, by which the C.B.S.E. has interpreted the said order that since order dated 02.07.2025 passed by this Court in Writ - C No. 20149 of 2025 has been passed maintaining status quo, after passing the order dated 27.05.2025, therefore, there are no impediment for implementing the order dated 27.05.2025. The order dated 04.09.2025 passed by the C.B.S.E. is contrary to letter and spirit of an interim order dated 02.07.2025 passed by this Court. The C.B.S.E. has passed the said impugned order in teeth of this order dated 02.07.2025.
4. Per contra, Sri Alok Tiwari, learned counsel appearing on behalf of respondent-C.B.S.E. submitted that the impugned order dated 04.09.2025 passed by the concerned authorities is not in violation of the order dated 02.07.2025 passed by this Court. He further submitted that as per the letter dated 27.05.2025 written to the Manager of the petitioners' institution to complete all the formalities regarding the transfer of the students to another institution in pursuance of order dated 11.04.2025.
5. Learned counsel for the respondent-CBSE further submitted that since the letter has been written to the Manager of the said Institution for completion of formalities in pursuance of order dated 11.04.2025, therefore, the authorities concerned is on bona fide understanding that since the order was passed prior to the order passed by this Court, the impugned order dated 04.09.2025 was passed.
6. At this juncture, learned counsel appearing on behalf of the petitioners vehemently referred the letter and e-mails dated 04.09.2025, which is appended as Annexure - 7 and submitted that e-mail which has been given by Gyandeep English School, Bada Lalpur Lamhi, Varanasi and asked the list of candidates (L.O.C.) from the petitioners' institution on the same date when impugned order was passed i.e. 04.09.2025.
7. Learned counsel appearing on behalf of the petitioners submitted that the C.B.S.E. has passed the impugned order in teeth of the order passed by this Court. The C.B.S.E. has deliberately violated the order of this Court.
8. I have heard Ms. Radhika Singh, learned counsel appearing on behalf of the petitioners, Sri Alok Tiwari, learned counsel appearing on behalf of respondents-C.B.S.E., perused the order passed by this Court and subsequent order passed by C.B.S.E.
9. I am of the view that the order of status quo, which is clearly mentioned that the students who have not been transferred to other school, the parties shall maintain status quo and not to transfer the students to another school till the next date of listing.The C.B.S.E. has passed the order dated 04.09.2025 is contrary to letter and spirit of the order dated 02.07.2025 passed by this Court.
10. Taking into consideration the above-said discussions, it is the matter of serious concern as to how the C.B.S.E. has violated the order passed by this Court and passed the impugned order, in teeth of the said order. In view of the forgoing discussion, Regional Officer, CBSE Regional Officer, Prayagraj is directed to file his personal affidavit explaining the alleged violation of the order passed by this Court within ten days' from today.
11. List this case on 07.10.2025, as fresh along with the record of Writ - C No.20149 of 2025.
12. C.B.S.E. is directed to open the portal to enable the students to fill-up the forms for examination from where the list of candidates (L.O.C.) reflects of the students.
13. Registrar (Compliance) is directed to send this order to the Regional Officer, CBSE Regional Officer, Prayagraj for necessary compliance and also send this order to the Secretary, C.B.S.E., Delhi for information, forthwith. "
4. Later on, this Court has passed following orders on 07.10.2025 and 08.10.2025 :-
"07.10.2025
1. This matter is taken up out of turn.
2. Ms. Radhika Singh, learned counsel for petitioner submits that directions made by this Court in paragraph 12 of the order dated 15.09.2025 are not complied with.
3. Sri Alok Tiwari, Advocate who appears for CBSE is not in Court probably due to a fact that this matter is taken up out of turn.
4. Let this matter come up tomorrow i.e. 08.10.2025 at 11.00 AM.
5. Regional Officer, Central Board of Secondary Education, Regional Office, Prayagraj shall remain present in person tomorrow to assist the Court on above submissions.
6. Registrar (Compliance) to take steps.
08.10.2025
1. In pursuance of this Court?s order dated 07.10.2025, Sri Anil Kumar Jain, Regional Officer, Central Board of Secondary Education, Regional Office, Prayagraj, is present in Court.
2. Heard Mrs. Radhika Singh, Advocate holding brief of Sri Alok Shukla, learned counsel for petitioners and Sri Alok Tiwari, learned counsel for Respondent-CBSE, for some time.
3. Put up on 14th October, 2025 at 02.00 PM for further hearing."
5. Learned counsel for petitioners, after placing reliance upon a judgment passed by High Court of Judicature at Patna in Eklavya Educational Complex vs. Union of India and others, 2025:PATHC:82613, refers that impugned order, that it was passed by an Authority not competent to pass such order, however, as rightly pointed out by learned counsel for CBSE by referring order sheet of CBSE annexed along with the counter affidavit that there was an approval of Chairman, CBSE, therefore, above referred argument is rejected.
6. Learned counsel for petitioners further refers the inspection report and that show cause notice has apparently variance, therefore, an illegality was occurred in impugned order.
7. Learned counsel for petitioners vehemently refers inspection report and one of grounds for withdrawing the affiliation was that school was indulged in sponsoring non-attending students in Senior Secondary Classes, however, it was vehemently disputed.
8. Per contra, learned counsel for CBSE has supported the impugned order and referred various documents annexed along with this writ petition and counter affidavit.
9. In order to consider above referred arguments, I have carefully perused the surprise investigation report which is annexed along with this writ petition in a prescribed format. The report specifically notes that school was running in two shifts with no prior permission and admittedly, no such permission is placed on record by petitioners. On inspection, details of number of students found absent were as follows :- "i. Class IX - 87 students, ii. Class X - 161 students, iii. Class XI - 67 students, and iv. Class XII - 60 students"
10. An explanation given by concerned college was also recorded in inspection report that students were on preparatory leave for pre-board exams as well as to participate in games, however, Court is of the opinion that it may be applicable for Class X and Class XII but there is no provision for any preparatory leave for students of Class IX and Class XI since they were not appearing in the Board in said year.
11. There is no explanation how 87 students of Class - IX and 67 students of Class - XI were absent.
12. By the impugned order, an opportunity for petitioner-institution for restoration of affiliation up to Senior Secondary level is granted, however, after at least two academic years.
13. On basis of a representation, Director (Affiliation) thereafter passed an order dated 11.04.2025, whereby order dated 25.02.2025 was modified with following observations :-
"5. Conclusion:-
I. As per the Affiliation Bye-Laws Clause 14.19, all the schools affiliated with the Board are required to maintain essential records, any other documents required under statutory obligations and any other documents specified by the Board from time to time. Further, the schools affiliated with the Board are required to comply with the provisions of the Affiliation and Examination Bye-Laws of the Board.
II. The schools are also required and expected to maintain the Quality of Education as per clause 2.4.8 of the Affiliation Bye-Laws. It is observed that vide Show Cause Notice dated 10.01.2025, the violations on sponsoring non-attending students/non-attending students and the irregularities in the records, infrastructure and teachers etc inter-alia were found and communicated to the school. It is beyond doubt that the school has committed serious violations of the Board's Bye-Laws by sponsoring non-attending students inter-alia other violations in terms of maintenance of essential records, infrastructure, adequacy of teachers etc.
III. Through its Show Cause Notice dated 10.01.2025, a period of 30 days has already been given to the school to submit its explanation on the violations observed by the inspection committee. To maintain transparency, a copy of the surprise inspection report was also provided to the school.
After careful examination of the representation, it has been observed that the school has a relatively better attendance of students from Bal-Vatika I, II, and III to class X with respect to the attendance in the senior classes. Therefore, on the basis of the submissions made by the school in its representation dated 03.03.2025 against Board's Order dated 25.02.2025, and the submissions made by the school during the course of the personal hearing, the Board has taken a lenient view and in the interest of the education of the students of the lower classes, the order dated 25.02.2025 is modified to the extent that:-
1. School's affiliation is downgraded to secondary level.
The students of class Xi are to be shifted to a Board's affiliated nearby school by the Regional Office, Prayagraj for session 2025-26 to appear in the Board's exam of class XII 2026.
2. The school may seek upgradation of affiliation upto senior secondary level after lapse of 1 academic year ie. from session 2026-27 after ameliorating the deficiencies.
3. The school shall not take any new admission or promote students by natural progression in class XI and XII till the affiliation of the school is granted upto senior secondary level by the Board.
The school is directed to remove the following deficiencies and submit the compliance within 03 months of issuance of this order :-
a. The school shall maintain the teacher section ratio 1:1.5.
b. The school shall update and maintain the essential documents such as AWR, admission forms etc.
c. The school shall update and maintain teachers' service records and salary records.
d. The school shall follow all the statuary provisions such as contribution of EPF and ESIC etc.
This issues with the approval of the competent authority of the Board."
14. Subsequently, by order dated 27.05.2025, 211 students of Class XII of Session 2025-26 were transferred to 3 schools. The order dated 27.05.2025 is a consequential order. So far as issue what benefit could be granted to petitioner after order passed by the Director (Affiliation), the Court takes note that it has granted 3 months' time to petitioner-institution to submit a report after removing the deficiencies as mentioned therein as well as for upgradation of affiliation for 2026-2027.
15. It is informed that in pursuance of above, a representation dated 10.06.2025 is submitted, though, same is not annexed along with this writ petition, however, same is annexed along with the counter affidavit filed by CBSE.
16. Learned counsel for respondents fairly submits that representation so filed will be taken note of and will be considered in terms of directions mentioned in order dated 11.04.2025 qua to removal of shortcomings and upgradation of affiliation.
17. In aforesaid circumstances, Court is of opinion that since by subsequent order dated 11.04.2025, penalty was reduced to downgrade the affiliation up to Secondary level, after taking a lenient view and since an opportunity has been given to petitioner-institution that it may submit representation after removing the deficiencies as mentioned in said order and as referred above, same has already been filed, therefore, no case of causing any interference is made out. So far as a finding regarding sponsoring non-attending students is concerned, it was upheld by said Authority
18. In view of above, this writ petition is disposed of with an observation that concerned respondents will take a decision of upgrading the affiliation before the next session is commenced, so that students present studying in Class X may get benefit of studying in same school.
(Saurabh Shyam Shamshery,J.)
October 14, 2025
N. Sinha
