High Court of DelhiW.P.(C)/3074/2016

All India Sainik Progressive Education Society & ANR v. Central Board Of Secondary Education

2016-04-07Hon'Ble Mr. Justice Manmohan2 pages

#30 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3074/2016 & CM APPL. 13014/2016 ALL INDIA SAINIK PROGRESSIVE EDUCATION SOCIETY & ANR ..... Petitioners Through Ms. Amrit Kaur Oberoi, Advocate versus CENTRAL BOARD OF SECONDARY EDUCATION ..... Respondent Through Ms. Manisha Singh with Ms. Seema Dolo and Mr. Akhil Kulshrestha, Advocates for Mr. Amit Bansal, Advocate for CBSE.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 07.04.2016 Present writ petition has been filed challenging special condition 10(i) of letter dated 26th October, 2015 whereby petitioner no. 2-School has been restrained from using affiliation number granted to its Senior Wing in respect to its Junior Wing (Nursery to Class V) at New Colony, Palwal, Faridabad, Haryana. Petitioner further seeks a direction to respondent to grant extension of composite affiliation from Nursery to Class XII to petitioner no. 2-School beyond 31st March, 2014 to 31st March, 2019. Learned counsel for petitioner states that the impugned special condition is against CBSE Affiliation Bye Laws and in violation of Article 14 of the Constitution of India.

She points out that petitioner had been enjoying the composite affiliation for the last twenty years.

Issue notice.

Ms. Manisha Singh, Advocate accepts notice on behalf of respondent. A perusal of the paper book reveals that the petitioner has made detailed representation dated 8th March, 2016 to the Director (Affiliation), CBSE with respect to its grievance relating to non-affiliation of petitioner no. 2-Junior Wing.

Consequently, this Court disposes of the present writ petition and application with a direction to respondent to decide the said representation within four weeks after giving an opportunity of hearing to the petitionerSchool. Till the said representation is decided, the impugned Special Condition 10((i) of the letter dated 26th October, 2015 shall not be given effect to.

Order dasti to both parties.

MANMOHAN, J APRIL 07, 2016 rn