The Central Board Of Secondary ... vs Srk International Cbse School
2021 Latest Caselaw 9328 Mad

                                                   W.A.No.860 of 2021

              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                          DATED : 08.04.2021

                                 CORAM

                THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                 and
                 THE HON'BLE MS.JUSTICE R.N.MANJULA

                          W.A.No.860 of 2021
                       and C.M.P.No.5006 of 2021

1.The Central Board of Secondary Education,
  Rep. by its Secretary,
  "Shiksha Kendra" 2, Community Centre,
  Preet Vihar, Delhi - 110 092.

2.The Regional Officer,
  Chennai,
  Central Board of Secondary Education,
  New No.3, Old No.1630A,
  J-Block, 16th Main Road,
  Anna Nagar West, Chennai - 600 040.

3.The Assistant Secretary,
  New No.3, Old No. 1630A,
  J-Block, 16th Main Road,
  Anna Nagar West,
  Chennai - 600 040.                               .. Appellants

                                  Vs

SRK International CBSE School,
(Affiliated to CBSE),
Rep. by its Correspondent,
Aayeepet Main Road, Keezhur,
Neyveli,
Cuddalore District - 607 302.                      .. Respondent



Page 1 of 6
                                                       W.A.No.860 of 2021

     Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 26.02.2021 passed in W.M.P.No. 5395 of 2021 in
W.P.No.4474 of 2021.


              For Appellants         :    Mr.G.Nagarajan

              For Respondent         :    Mr.P.Wilson,Senior Counsel
                                          for   Mr.Richardson   Wilson

                               JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This writ appeal is filed by the appellant, aggrieved over the

interim order granted by the learned single Judge, by permitting the

candidates admitted by the respondent to appear for the practical

examinations.

2. Learned counsel appearing for the appellants submitted that it

would not be possible to comply with the direction of this Court. Until

and unless the approval is given, there is no question of permitting the

students to write the examination.

3.Learned senior counsel appearing for the respondent submitted

that what is passed is only an interim order and the contentions are

not adjudicated upon. Therefore, the very appeal itself is not

maintainable. It is further submitted that the fact that the students are

W.A.No.860 of 2021

studying in the respondent school with the requisite attendance is not

in dispute and the problem arose only when the students are made to

undertake practical examination 40 kms away.

4. The objections raised by the appellants are extracted herein:-

"12. It is also pertinent note that the interim direction granted by His Lordships cannot be complied with unless the following conditions are fulfilled.

1.First of all, the admission of XII Std students should have been approved by CBSE Board.

2.The List of Candidates (LOC) with the required particulars has to be forwarded by the school to CBSE Board.

3.The necessary examination fee has to be paid by the candidates.

4.Thereafter Roll Number has to be allotted to each candidates on all India level.

5.On conducting the practical examinations after the fulfilment of the above criteria the practical marks obtained by the candidate shall be uploaded in CBSE Portal."

5.We find that these objections cannot be relevant factors with

W.A.No.860 of 2021

respect to the order passed by the learned single Judge. In other

words, complying with the objections raised would not amount to

either allowing the writ petition or accepting the case as projected by

the respondent/writ petitioner. What the learned single Judge did was

to facilitate the writing of the practical examination. While doing so,

compliance is required on the part of the appellants. Therefore, the

appellants can comply with the requirements only for the purpose of

giving effect to the interim order passed, in which case, the

contentions on merit would certainly be raised and decided at a

subsequent stage by the learned Single Judge, either interlocutory or

final. Now, the appellants have also come on record. Therefore, the

learned Single Judge has to consider the grant of appropriate orders

either interlocutory or final, only by hearing the appellants. This would

include permitting the students to write the written examination also.

6.In such view of the mater, we are not inclined to interfere with

the order passed by the learned single Judge, leaving all the issues

open, notwithstanding the compliance to be made by the appellants.

7.The submission made by the learned senior counsel for the

respondent that fees would be paid within a period of three days from

W.A.No.860 of 2021

the date of receipt of a copy of this order stands recorded. We expect

the compliance to be made by the appellants within a period of two

weeks from the date of receipt of a copy of this order.

8.As the interest of students, who are desirous of attending the

practical examination to be conducted by the respondent, is involved,

we request the learned Single Judge dealing with the case to expedite

the hearing and grant interlocutory or final order.

9.With the above observation and direction, the writ appeal

stands disposed of. No costs. Consequently, connected miscellaneous

petition is closed.

                                          (M.M.S., J.)    (R.N.M., J.)
                                                  08.04.2021
Index:Yes/No
mmi

Note: Registry is directed to upload the order on 09.04.2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

W.A.No.860 of 2021

mmi

W.A.No. 860 of 2021

08.04.2021