Khemo Devi Public School Through Its Administrator v. Central Board Of Secondary Education

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3422/2025 & CM APPL. 16106-08/2025 KHEMO DEVI PUBLIC SCHOOL THROUGH ITS ADMINISTRATOR .....Petitioner Through:

Mr. Ravi Prakash, Sr. Adv. with Mr.

Yashrath Shukla, Mr.

Debopriyo Molik, Mr. Taha Yasin and Ms. Astu Khandelwal, Advs.

versus CENTRAL BOARD OF SECONDARY EDUCATION .....Respondent Through:

Mr. M.A. Niyazi, SC for CBSE with Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi and Mr.

Arquam Ali, Advs.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 19.03.2025 1.

The present petition has been filed under Article 226 of the Constitution of India seeking the following relief: i. Issue a writ or direction in the nature of Certiorari and/or any other appropriate Writ, order or direction in the nature thereof to set aside the Show Cause Notice dated 13.09.2024 passed by the Respondent.

ii. Issue a writ or direction in the nature of Certiorari and/or any other appropriate Writ, order or direction in the nature thereof setting aside the Order dated 29.10.2024 passed by the Respondent dis-affiliating the Petitioner school.

iii. Issue a writ or direction in the nature of Certiorari and/or any other appropriate Writ, order or direction in the nature thereof setting aside the Order dated 17.02.2025 and 19.02.2025 passed by the Respondent transferring the students of the Petitioner school. 2.

Mr.Ravi Prakash, the learned Senior Counsel for the petitioner, at this stage submits that the petitioner will be satisfied, if the present petition is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2025 at 13:41:32

treated as representation by the respondent/CBSE and decided in a time bound manner after affording the petitioner a meaningful opportunity including the opportunity of hearing.

3.

Mr. Niyazi, the learned Standing Counsel for the respondent/CBSE, on instructions submits that the respondent has no objection in case such an order is passed and further states that the impugned order in the present petition will be given effect to only in the next session which commences from 01.04.2025.

4.

In view of the above, it is directed that the present petition be treated as a representation by the respondent/CBSE and a speaking order be passed afresh on or before 31.03.2025.

5.

It is further directed that a personal hearing shall be afforded to the petitioner. Any further documents which are required by the CBSE may also be requisitioned from the petitioner before the date of hearing. 6.

It is further clarified that in case the CBSE deems it appropriate to conduct any surprise inspection through its Committee then the CBSE shall be at liberty to conduct the same in accordance with rules. 7.

The petition along with pending application, if any, is disposed of in the above terms.

8.

Needless to say that the petitioner shall be at liberty to approach the Court after the speaking order is passed by the CBSE, if so advised. The order so passed shall not be given effect to till 07.04.2025. VIKAS MAHAJAN, J MARCH 19, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2025 at 13:41:32