Board Of School Education Hubli Karnataka v. Council Of Boards Of School Education In India & ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3184/2016 & C.M.Nos.13655-13656/2016 BOARD OF SCHOOL EDUCATION HUBLI KARNATAKA ..... Petitioner Through Mr.Rajpal Singh, Advocate.

versus COUNCIL OF BOARDS OF SCHOOL EDUCATION IN INDIA & ANR ..... Respondents Through Mr.Manuj Aggarwal, Advocate for R1.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 18.04.2016 Present writ petition has been filed seeking a direction to respondent No.1-Council of Boards of School Education to grant membership to petitioner-Board of School Education, Hubli, Karnataka.

Learned counsel for petitioner states that petitioner vide letter dated 18th February, 2015 applied for grant of membership of respondent No.1 but the same has not been granted till date, even though petitioner fulfils the eligibility criteria. Learned counsel for petitioner further states that the students have been denied admission in degree courses for the year 2015-16 on the ground that petitioner is not recognised by respondent No.1. He states that similarly placed educational institutions/organisations have been granted membership by the respondent No.1.

Learned counsel for petitioner states that petitioner sent a legal notice dated 23rd January, 2016 to the respondent, but no action has been taken till date.

On the other hand, learned counsel for respondent no.1 denies that similarly placed educational institutions/organizations have been granted membership by the respondent no.1. He states that respondent no.1 has granted membership only to those institutions/organizations which have been granted either by the Act of the Parliament or the State Legislatures.

Keeping in view the aforesaid facts, this Court directs the respondent no.1 to treat the petitioner's legal notice dated 23rd January, 2016 as a representation and to dispose of the same by way of a reasoned order within a period of eight weeks, after giving an opportunity of hearing to the petitioner. The reasoned order shall be communicated to the petitioner by registered AD post. This Court however clarifies that it has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open.

Consequently, the present writ petition and the applications are disposed of.

MANMOHAN, J APRIL 18, 2016 KA