PATNA, India, Oct. 14 -- Patna High Court issued the following judgment on Sept. 15:
Heard Mr. Anjani Kumar, learned Senior Advocate with Mr. Hansraj, learned Advocate for the petitioner and Mr. Vinay Krishna Tripathy, learned Advocate for the Central Board of Secondary Education (for short 'the CBSE'). The Union of India is represented through Mr. Kumar Ganesh Gunjan, learned Advocate.
2. The writ petition is filed through the Principal of the school invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking quashing of the order dated 24.02.2025 (Annexure P/7) as also the order dated 02.04.2025 (Annexure P/9), whereby the earlier order dated 24.02.2025 was duly affirmed and the representation filed by the petitioner was turned down by the Director Affiliation. Challenge is also made to the inspection report dated 19.12.2024 submitted by the Inspection Committee of the Board.
3. The petitioner-school was established in the year 2000 and affiliated with Central Board of Secondary Education for Senior Secondary Level with effect from 01.04.2005 to 31.03.2008; further affiliation was renewed time and again and presently renewed till 31.03.2028, had the impugned order dated 24.02.2025 and 02.04.2025 not been passed. The School was to abide by the Affiliation Bye-Laws of 2018, under which Clause11 empowers the Board to conduct the inspection of the school, including surprise inspection to ascertain and ensure that schools are following the provisions of the Examination ByeLaws, Affiliation Bye-Laws and other instructions issued by the Board from time to time.
4. Clause 11.4 of the Affiliation By-laws, 2018 empowers the Board to make surprise inspection of the school, affiliated through the Board by a committee of one or more members, without giving any notice to the school under the umbrage of the above referred bye-laws. A surprise inspection was carried out on 19.12.2024 through a two members inspection committee in the school and they filed its inspection report. Noticing the infirmities, shortcomings/defects highlighted in the inspection report, a show-cause notice alongwith the copy of inspection report was duly served upon the petitioner directing the Manager of the school to submit an explanation. The petitioner school submitted their reply/explanation on 06.02.2025 against the allegation regarding shortcomings/defects in the show cause notice. The explanation of the petitioner did not persuade the respondent and they have come out with the impugned order bearing no. 00360 dated 24.02.2025 and the affiliation granted to the school is withdrawn with immediate effect, besides the other direction.
5. Aggrieved with the order afore-noted, the petitioner filed a detailed representation to reconsider the imposed punishment by explaining the entire position with a request to revoke the order dated 24.02.2025. The representation preferred by the petitioner was duly considered by the Board, however, vide order no. 052 dated 02.04.2025 the same was turned down, on being found not fit for consideration and accordingly, no modification in the order dated 24.02.2025 is made.
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Disclaimer: Curated by HT Syndication.
