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Madhya Pradesh High Court
Late G.P. Chaturvedi High School ... vs The State Of Madhya Pradesh on 6 February, 2026
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2026:MPHC-JBP:10974
1 WP-4091-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 6 th OF FEBRUARY, 2026
WRIT PETITION No. 4091 of 2026
LATE G.P. CHATURVEDI HIGH SCHOOL PARSANIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Siddharth Gulatee - Senior Advocate with Smt. Tulika Gulatee - Advocate for
petitioner.
Shri A.S. Baghel - Govt. Advocate for respondents/State.
Shri Jubin Prasad - Advocate for respondent/Board.
ORDER
This petition is filed seeking the following reliefs :
(i) Issue a writ in the nature of Mandamus directing the Respondents to
facilitate the submission of High School Examination 2026 forms for the
32 students as Private Candidates with a specific direction to
waive/exempt the Late Fee/Penalty, treating the delay as condoned due
to administrative reasons (failure of the Shifting Committee) and to that
extent order dated 20.01.2026 (Annexure P-9) passed by Respondent
no.2 may kindly be modified/quashed by issuing a writ of certiorari.
(ii) Issue a writ in the nature of Mandamus and Direct the Respondents
to either open a window on the portal or accept offline forms/Demand
Drafts for the normal fee amount from these 32 students immediately.
(iii) Award the cost of this petition to the petitioner.
(iv) Grant any other relief that this Hon'ble Court deems fit and proper.
2. Counsel appearing for the State was directed to seek instructions with
respect to the action taken by the authorities in pursuance to the letter dated
20.08.2025. On instructions, State counsel has placed before this Court certain
documents uploaded in reference column of ERP pointing out the fact that the
petitioner's school has given an undertaking that they will be shifting the students
to another school which is run by the petitioner-society. However, the fact remains
NEUTRAL CITATION NO. 2026:MPHC-JBP:10974
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that in pursuance to the said undertaking, no permission was given by the State
authorities permitting the petitioner to shift the students in the other school run by
the petitioner.
3. Under these circumstances, in absence of any permission to do so, the
burden cannot be shifted upon the petitioner. There was a specific direction in the
letter dated 20.08.2025 by the Block Education Officer Luvkushnagar District
Chhatarpur forming a three-member committee for shifting of the students to
some other school. As no action has been taken in pursuance to the same, the
career of the students should not suffer. Once the recognition granted to the
petitioner was cancelled, he could not have continued with the students and could
not have charged fee from the students. It was for the State authorities to comply
with the order dated 20.08.2025. In view of the aforesaid and considering the
future of the students, this Court deems it appropriate to direct the State
authorities to take immediate steps for shifting of the students to some other
school and make all necessary arrangements to enable the students to appear in the
examination.
4. Counsel appearing for the respondent No.2-Board has submitted that the
examinations are scheduled to start from 10.02.2026 and the examination forms
are to be filled up along with late fees now. He has fairly submitted that they will
accept the examination fees if deposited either by the petitioner or by the State
authorities along with late fees and will permit the students to appear in the
examination if all formalities are completed.
5. As it is already observed hereinabove, the recognition for running the
school was already cancelled and the committee was formed vide letter dated
20.08.2025 for shifting of the students to some other school and in pursuance to
the same, no action was taken by the State authorities to do the needful, the
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petitioner-institution cannot be held responsible for non-shifting of students as
time and again the petitioner has written to the District Education Officer seeking
guidance regarding the same as well as to the Board authorities pointing out the
difficulties that examination forms could not be filled up.
6. Considering the aforesaid, this Court deems it appropriate to dispose of this
petition by directing the State authorities to immediately take action with respect
to shifting of the students in some other school. The State authorities are further
directed to deposit the examination fees along with late fees of all the students and
complete all the formalities to enable the students to appear in the examination by
tomorrow. The respondent No.2-Board is directed to open the portal to enable the
State authorities to do the complete exercise by tomorrow. The respondents No.3
and 4 are directed to ensure strict compliance of this order by tomorrow and to
ensure that career of the students should not be effected.
7. At this juncture, counsel for the State submits that a liberty be granted to the
effect that they may be permitted to recover the amount deposited towards the
same from the petitioner as the petitioner was not eligible to admit the students
and charge fee from them because the recognition granted to the petitioner has
already been cancelled. The State authorities are at liberty to do so in accordance
with law.
8. With these observations, the petition stands disposed of finally.
(VISHAL MISHRA)
JUDGE
VV
