The Principal vs Central Board Of Secondary ...
2021 Latest Caselaw 21031 Ker

WP(C) NO. 5477 OF 2021        1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                     WP(C) NO. 5477 OF 2021


PETITIONER/S:



    1     THE PRINCIPAL,
          PLACID VIDYA VIHAR SENIOR SECONDARY SCHOOL,
          CHETHIPUZHA, KURISHUMMODU P.O., CHANGANASSERY,
          KOTTAYAM, KERALA-686104.

    2     PLACID VIDYA VIHAR SENIOR SECONDARY SCHOOL,
          REPRESENTED BY ITS MANAGER, CHETHIPUZHA,
          KURISHUMMODU.P.O.,
          CHANGANASSERY, KOTTAYAM,
          KERALA-686104.

          BY ADVS.
          C.V.ALEXANDER
          SRI.ABHAY FERDINAND
          SRI.BABU VARGHESE (SR.)




RESPONDENT/S:




    1     CENTRAL BOARD OF SECONDARY EXAMINATION,
          REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA, 2,
          COMMUNITY CENTRE, PREET VIHAR, DELHI-110092.

    2     STATE OF KERALA,
          REPRESENTED BY SECRETARY,
          GENERAL EDUCATION DEPARTMENT,
          ROOM NO. 302, 3RD FLOOR, ANNEX II, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.
 WP(C) NO. 5477 OF 2021           2



             BY ADV SRI.NIRMAL S., SC, CBSE


             SRI BIJOY CHANDRAN, SR GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 5477 OF 2021                        3



                                          JUDGMENT

The above-captioned writ petition is filed by Placid Vidya Vihar Senior

Secondary School represented by its Principal and another challenging

Ext.P12 order as per which, the Central Board of Secondary Education (CBSE)

withdrew the provisional/general affiliation granted to the petitioner school up

to the Senior Secondary Level and also Ext.P16 order as per which, Ext.P12

order was confirmed. The reliefs sought for in this writ petition are as

follows:

"i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit-P12 & P16 orders of the 1st respondent.

ii. Declare that the petitioner school is entitled to maintain the approval for general affiliation granted to it by the 1st respondent Board vide Exhibit-P2 up to 31.03.2024."

2. When this matter had come up for hearing on 13.07.2021, this

Court, after hearing the submissions of the contesting parties, passed the

following order:

"This writ petition has been amended to challenge Ext.P16 order passed pursuant to an interim order rendered by this Court. The learned Senior Counsel appearing for the petitioners would submit that Ext.P16 order which is now passed is essentially a non-speaking order. It is further contended that the same is passed by the Secretary of the CBSE. The direction in the interim order was to the CBSE to take a proper decision in the matter. The learned Senior Counsel submits that the representation was specifically addressed to the Chairman and the action

of the Secretary in having passed orders without considering the contentions raised by the petitioners in their proper perspective was completely untenable.

2. I find that since the direction was to the respondent, CBSE to consider the matter, after notice to the petitioners, the order passed by the Secretary, apparently without considering the specific contentions raised by the petitioners is untenable. I am of the opinion that the interim directions have not been properly complied with while passing Ext.P16 order.

3. In the above view of the matter, I am of the opinion that since Ext.P14 representation was specifically addressed to the Chairman, it was for the Chairman to take a proper decision in the matter, after considering all aspects of the matter as directed by this Court.

In the above view of the matter, Ext.P16 order is set aside. There will be a direction to the respondents to consider the entire issue afresh as directed by this Court in its interim order dated 24.3.2021, with notice to the petitioners and after hearing an authorised representative of the petitioners through any appropriate means including video conferencing and to pass orders within a period of one month from the date of receipt of a copy of this order.

Post on 23.8.2021.

The interim order keeping the proceedings pursuant to Ext.P12 in abeyance shall remain in force till then."

3. When the matter came up on 24.08.2021, based on submissions

advanced, the following order was passed:

"It is submitted by Sri. Nirmal, the learned Standing counsel

appearing for the CBSE that in terms of the directions issued by this

Court on 13.07.2021, the matter was heard by a Committee presided by

the Chairman on 16.08.2021. It is submitted that the orders have also

been passed granting affiliation subject to certain conditions which

include payment of a sum of Rs.5 Lakhs by way of penalty. The learned

counsel appearing for the petitioner submitted that copy of the order has

not been served on the petitioner.

The Standing Counsel shall make available a copy of the order

and also take steps to serve the order on the petitioner so that the

directions can be complied with.

Post after two weeks."

4. Today, when the matter was taken up, the learned counsel

appearing for the petitioners submitted that the amount ordered by the

Committee presided by the Chairman has been paid and a memo to that

effect has been filed. It is submitted that in view of the above turn of events,

nothing further survives in this writ petition. The said submission is recorded

and this writ petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 5477/2021

PETITIONER (S) EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED, 27/8/1997.

EXHIBIT P1(a) TRUE COPY OF THE NRECOGNITION CERTIFICATE DATED, 18.03.2019.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION RECEIVED FROM CBSE, DATED 05.10.2020.

EXHIBIT P3 TRUE COPY OF THE INSPECTION REPORT SUBMITTED BY THE INSPECTION COMMITTEE CONSTITUTED AS PER THE LETTER, DATED 21.02.2019.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 18.05.2019, EXTENDED THE PROVISIONAL AFFILIATION TILL 31.03.2020.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTIONS OF THE REPLY DATED 31.05.2019 WITH SUPPORTING DOCUMENTARY EVIDENCES, SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 28.06.2019 FROM THE 1T RESPONDENT.

EXHIBIT P6(a) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 28.06.2019, ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPLY DATED 16.07.2019 GIVEN BY THE 1ST PETITINOER WITH REGARD TO CLARIFICATIONS REGARDING LAND AREA AND SCHOOL INFRASTRUCTURE AS SOUGHT UNDER EXHIBIT-P6.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 19.11.2019, NO.CBSE/AFF/830183/EX-01176- 1920/2019/1537166, ISSUED BY THE 1ST RESONDENT BOARD.

EXHIBIT P8(a) TRUE COPY OF THE SECOND SHOW CAUSE NOTICE DATED 12.02.2020 ISSUED ON THE PETITIONER SCHOOL.

EXHIBIT P9 TRUE COPY OF THE SKETCH OF THE SCHOOL CAMPUS.

EXHIBIT P10 TRUE COPY OF THE REPLY TO THE 1ST RESPONDENT BOARD DATED 05.03.2020 ALONG WITH RELEVANT ENCLOSURES TO SUBSTANTIATE THE SCHOOLS CLAIM.

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 18.03.2020 ISSUED BY THE 1ST RESPONDENT EXENDING THE PROVISIONAL AFFILIATION OF THE SCHOOL TILL 31.02.2021.

EXHIBIT P12 TRUE COPY OF THE IMPUGNED ORDER NO.CBSE/Aff./930183/EX-01176-1920/2020, DATED 23.02.2021, ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST OF DISAFFILIATED SCHOOLS AS ON 28.02.2021 AS PER CBSE WEBSITE.

EXHIBIT P14 TRUE COPY OF THE APPLICATION DATED 01.03.2021, SUBMITTED BY THE PETITIONERS.

EXHIBIT P14(a) TRUE COPY OF THE POSTAL RECEIPT.

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 15.04.2020 OF HON'BLE DELHI HIGH COURT IN WP(C)2965/ 2020.

EXHIBIT P16 TRUE COPY OF THE ORDER DATED 17.05.2021 ISSUED BY THE 1ST RESPONDENT IN RESPONSE TO EXHIBIT-P14 REPRESENTATION.

RESPONDENT (S) EXHIBITS:

Exhibit R1(a) TRUE COPY OF THE ORDER DATED 19/08/2021.