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High Court of DelhiW.P.(C)/3957/2025

Master Tanmay Mathur And ORS v. Central Board Of Secondary Education And ORS

2025-03-28Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3957/2025 MASTER TANMAY MATHUR AND ORS .....Petitioners Through:

Mr. Prakash Kumar, Adv.

versus CENTRAL BOARD OF SECONDARY EDUCATION AND ORS .....Respondents Through:

Ms. Manisha Singh, Adv. for R1/CBSE Mr. Shiva Nath Mahanta, Adv. for RCORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 28.03.2025 CM APPL. 18430/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 3957/2025 & CM APPL. 18429/2025 3.

The present petition has been filed seeking following relief: "A.

Issue any appropriate writ, order or directions including a writ of Mandamus/Certiorari thereby quashing the Impugned Order bearing no.

CBSE/AFF.l2730767/2024/01557 dated 29.10.2024 passed by the Respondent No. 1 Central Board of Secondary Education (CBSE) as being completely illegal, arbitrary, unconstitutional and in violation of principles of natural justice, and/or;

B. Issue any appropriate writ, order or directions including a writ of Mandamus/Certiorari thereby directing the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent No.

l/CBSE to afford a hearing to the Petitioners Students to make their representations and decide the matter afresh, and/or;

C. Issue any appropriate writ, order or directions including a writ of Mandamus/Certiorari thereby directing the Respondent No. l/CBSE to shift the Petitioners Students to the nearby schools of the equivalent standard, and/or; D. Set Aside/Quash the direction of CBSE issued vide impugned Email dated 19.02.2025 whereby direction has been given to shift the Petitioners Students to new school, and/or;"

4.

Mr. Prakash Kumar, the learned counsel appearing on behalf of the petitioners submits that essentially the grievance of the present petitioners is with regard to the non-compliance of CBSE norms by the respondent no.2/school which led to its affiliation being cancelled with consequential direction to transfer 62 students of Class IX to Parag Jyoti Public School Shiv Vihar, New Delhi which is 10 kms away and to shift 52 students of Class XI to Mata Sukhdevi Public School, Nangli Poona, Delhi which is about 20 - 22 kms away from the respondent no.2/school. 5.

He submits that the petitioners in the present writ petition are the students, both of Class IX, as well as, Class XI, who have been studying in the present school for the past many years and are not the students who have taken dummy admissions.

6.

He further contends that the shifting of students to far off schools is causing hardship to them and is also affecting their studies. 7.

In view of the above, issue notice. Ms. Manisha Singh, learned counsel appearing on behalf of respondent no.1/CBSE accepts notice. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Likewise, Mr. Shiva Nath Mahanta, the learned counsel appearing on behalf of the respondent no.2 also accepts notice.

8.

Ms. Manisha Singh, on instructions and without prejudice to the rights and contentions of respondent no.1/CBSE, submits that in case the petitioners give the details of other schools which are convenient for the them, the respondent no.1/CBSE will make an endeavour to adjust the petitioners in those schools.

9.

At this, the learned counsel appearing on behalf of the petitioners submits that such details will be furnished by the petitioners to the respondent no.1/CBSE within a period of 10 days through the respondent no.2/school.

10.

In view of the above, the petition is disposed of with a direction that the petitioners shall furnish the details of the schools in which they want themselves to be transferred and such details shall be furnished by them to the respondent no.1/CBSE through respondent no.2/school within a period of 10 days and the respondent no.1/CBSE shall adjust the petitioners in those schools as expeditiously as possible.

11.

Needless to say that all other conditions like furnishing of transfer certificates, etc. shall also be complied with by the petitioners. VIKAS MAHAJAN, J MARCH 28, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.