MINOR SUNIL ORAON TR. GUARDIAN AND ORS. versus C.B.S.E. AND ORS.

Citation: [2006] SUPP. 8 S.C.R. 1125 · Decided: 13-11-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

. ..,. 
MINOR SUNIL ORAON TR. GUARDIAN AND ORS. 
A 
v. 
C.B.S.E. AND ORS. 
NOVEMBER 13, 2006 
[ARIJITPASAYAT ANDLOKESHWARSINGHPANTA,JJ.] 
B 
Educational Institutions-Senior secondary school-Admission of 
students without requisite recognition and affiliation by Eudcation Board-
Even after filing undertaking, the school continued the violations of C 
Examination and Affiliation Bye Laws of the Board-Request of the school 
to permit the students of Class X and XII in the Board Examination rejected 
by the Board-Writ Petition by students seeking permission to appear in the 
examinations-Dismissed-On appeal, held: In view of the conduct of the 
School, the relief sought for by students not permissible-Since the students 
were the ultimate sufferers because of the conduct of the school, it is open D. 
to them to seek legal remedy against the School. 
Interlocutory Order-Directing students of unrecognized schools to 
appear in exaniinations held by Education Boards-Permissibility-Held: 
Such orders are detrimental to education and its efficient management and 
are aberrations an subversive to academic discipline-Hence not permissible. E 
In 1994 the respondent No. 4-school was granted provisional affiliation 
by CBSE Board for three years. Further it was provisionally accorded 
upgradation upto plus 2 stage for three years and thereafter f~r further three 
years subject to fulfilment of Examination Bye Laws and Affiliation Bye Laws. 
On inspection by Inspection Committee constituted by CBSE, it was found F 
that the school was not abiding by the Examination Bye Laws/Affiliation Bye 
Laws; that the school had admitted students from other unauthorized schools 
and sponsoring the students from unaffiliated schools through this school; 
and that it was running three schools which were not affiliated with CBSE. 
Notice was sent to the school for withdraw of the provisional affiliation. CBSE G 
though permitted the students to appear in All India Secondary and All India 
Sr. Secondary Certificate Examinations to be held in March 2003 and 2004, 
but it forbid the school to run any Secondary/Senior Secondary Classes under 
CBSE pattern. Instead of removal of the deficiencies, School filed merely 
1125 
H 
1126 
SUPREME COURT REPORTS [2006) SUPP. 8 S.C.R. 
A appeal for sympathetic consideration. CBSE asked the School the to submit 
status report of removal of deficiencies and that it was required to apply afresh 
for provisional affiliation. School applied for fresh affiliation, but the 
application was rejected as the conditions had not been fulfilled. School again 
requested CBSE to allow students to appear in Class X and XII Board 
B Examinations to be held in March 2005. The School also undertook not to 
take admission in Class IX and XI without permission of the Board; that it 
had not admitted any additional student in Class X and XII for 2005 Exam; 
and that it would not approach the Board in future for examinations held after 
2005. It was noted that there were no student in Class IX and XI for the 
examinations to be held in 2006 and allowed the students to appear in 2005 
C Examination provided no candidate was directly admitted in Class X and XII 
in the School. 
School again applied for affiliation indicating that there were not 
students in Class IX and XI. CBSE informed that its request for affiliation 
would be considered only upto Secondary level and warned to stop the 
D functioning of the classes upto Senior Secondary without removing the 
deficiencies. 
School again requested to CBSE to permit 159 students in Class X and 
121 students in Class XII for 2006 Examination. The request was turned down. 
E 
Appellants-students filed Writ Petition seeking permission to 159 
F 
students of Class X and 121 students of Class XII to appear in 2006 
Examinations. High Court by interim order allowed the students to appear in 
the Examinations. However, by final order the Writ Petition was dismissed. 
Hence the present appeal. 
Dismissing the appeal, the Court 
HELD: 1.1. Time and again this Court had deprecated the practice of 
educational institution admitting the students without requisite recognition 
or affiliation. In all such cases the usual plea is the career of innocent 
children who have fallen in the hands of the mischievous designated school 
G authorities. As the factual scenario delineated against goes to show the school 
has shown scant regards to the requirements for affiliation and the infraction 
was very ser

Excerpt shown. Read the full judgment & AI analysis in Lexace.