C.B.S.E. AND ANR versus P. SUNIL KUMAR AND ORS. ETC.

Citation: [1998] 3 S.C.R. 327 · Decided: 12-05-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

C.B.S.E. AND ANR. 
v. 
P. SUNIL KUMAR AND ORS. ETC. 
MAY 12, 1998 
[SUJATA V. MANOHAR AND G.B. PATTANAIK, JJ.] 
Constitution of India, Article 226-Students of institutions not affiliated 
to Central Board of Secondary Education (CBSE)-Whether High Court can 
by an interim order permit them to sit for Board exam-Whether CBSE should 
A 
B 
be compelled to issue certificates to successful students of institutions still C 
not affiliated-Held, no; would tantamount to subversion of law-Education-
CBSE. 
Students of classes IO and 12 of certain educational institutions in 
Kerala were refused permission to sit for the examination conducted by the D 
Central Board of Secondary Education (CBSE) since their institution was 
not affiliated to the CBSE. The Single Judge of the Kerala High Court, by 
an interim order, permitted the students to appear for the examination and 
further directed that the certificates granted would be subject to the result 
of the writ petitions. The Division Bench, taking a compassionate view of the. 
matter and being of the opinion that students who had been permitted to E 
appear for the examination should not suffer, modified the condition and 
directed that the certificate granted should be without any restriction. The 
CBSE appealed to this Court. 
Allowing the appeal, this Court 
F 
HELD : To permit students of an unaffiliated institution to appear at 
the examination conducted by the Board under orders of the court and then 
to compel the Board to issue certificates in favour of those who have 
undertaken examination would tantamount to subversion of law. The Court 
would not be justified in sustaining the orders issued by the High Court on G 
misplaced sympathy in favour of the students. [331-H; 332-A] 
A.P. Christians Medical Educational Society v. Government of Andhra 
Pradesh, [1986) 2 SCC 667; State of Tamil Nadu v. St. Joseph Teachers 
Training Institute, JT (1991) 2 SC 343; State of Maharashtra v. Vikas 
Sahebrao Roundale, JT (1992) 5 SC 175 and Guru Nanak Dev University H 
327 
328 
SUPREME COURT REPORTS 
(1998)3 S.C.R. 
' 
. A .v. Parminder Kr. Bansal, [1993] 4 sec 401, referred to. 
Central Board of Secondary Education·v. Nikhil Gulati, (1998] 3 SCC 
5, distinguished. · 
CIVIL AP~ELLATE JURISDICTION: Civil Appeal No. 2662 of_l998 
B Etc._ _ 
. 
From the Judgment and Order dated 18.6.97 of the Kerala High Court 
in O.P. No:2400of1996· 
. 
Altaf Ahmad, Additional Solicitor General, T.L.V_ Iyer, R.P. 
C Krishnamoorthy, Tara Chandra Sharma, Ms. Neelam Sharma, Ajay Sharma, 
Rupesh Kumar, Subramonium Prasad, Romy Chacko, Ms. V. Mohana, S. Nanda 
Kumar, L.K: Pandey and Ramesh Babu M.R., (Ms. Malani Poduval) for State 
of Kerala ror:the appearing parties. 
i 
D 
Th6 Judgment of the Court was delive~ed by 
PA IT ANAIK, J. Leave granted in all the Special Leave Petitions. 
These six appeals filed by the C~ntral Board_ of Secondary Education are 
directed against the judgment and order of the Division Bench of the Kerala 
High Court dated 18.6._1997 disposing of Writ Appeal Nos. 949/97, 978/97, 285/ 
E 96, 300/96 as 'wen as the two Original Petitions filed before the Division Bench, 
namely, O.P. Nos. 2400/96 and 3559/96. The question that arises for 
consideration is : whether students studying in institutions not affiliated to 
the Board of Secondary Education can be permitted by the High Court by an · 
. __ interim order to _appear at the examination conducted by the Board and 
F ultimately can the Board be compelled to issue certificates to those students 
who have appeared ~t the examination pursuance to the interim direction of 
the. court notwithstanding the fact that the institutions where the students 
were prosecuting their study have not ye~received affiliation of the Central · 
Board of Secondary Education? Writ Appeals 949/97 and 978/97 had been 
preferred by the Board-Appellant, against the order of the learned single 
G Judge dated 6.2.1997 by which_ order the Board was directed to allow the 
students ofSree Narayan Vidhya Bhavan, Chandrappinny, Thrissur to appear 
at the examination conducted by the Board. The learned single Judge had· _, 
indicated that the said order is being passed in the peculiar circumstances of 
the case without the matter being treated as a precedent. TI1e learned Judge 
H also further directed that the question of affiliation to Devi Academy Educational 
C.B.S.E. v. P.S. KUMAR [PATTANAIK, J.) 
329 
Society, Guruvayoor will be decided by the Board. Writ
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