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High Court of DelhiW.P.(C)/7948/2016

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

2020-02-18Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7948/2016 ALL INDIA SAINIK PROGRESSIVE EDUCATION SOCIETY AND ANR ..... Petitioners Through:

Ms. Amrit Kaur Oberoi, Advocate.

versus CENTRAL BOARD OF SECONDARY EDUCATION.

.... Respondent Through:

Ms. Seema Dolo, Advocate.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 18.02.2020 1.

Ms. Oberoi, who, appears on behalf of the petitioner says that during the pendency of the writ petition, an interim order was passed i.e. 09.09.2016 which was made absolute on 08.05.2018. 2.

By virtue of the interim order, the Court had stayed the operation of the special condition 10(i) of the impugned letter dated 26.10.2015 and also stayed the operation of the impugned order dated 08.08.2016.

3.

On account of the interim order, the petitioner has in fact enjoyed the composite affiliation for Class I to XII qua the petitioner no. 2 school till the end date i.e. 31.03.2019. W.P.(C) 7948/2016

4.

Ms. Oberoi says that since the writ petition did not come up for hearing, the petitioners applied to CBSE for extension of composite affiliation beyond 31.03.2019 vide application dated 18.05.2018 bearing registration no. EX-02426-1920.

5.

Ms. Oberoi says that the CBSE has conducted an inspection pursuant to the said application on 16.07.2019. 6.

Thus, the submission of Ms. Oberio is that the writ petition can be disposed of with a direction that the interim order referred to hereinabove which was made absolute should continue to operate till CBSE takes a decision qua its application dated 18.05.2018. 7.

In my view, this is a reasonable request.

8.

Accordingly, the writ petition is disposed of with a direction that the interim order passed by this Court will continue to operate till CBSE disposes of the aforementioned application filed by the petitioner on 18.05.2018.

9.

The decision qua the application will be communicated to the petitioner as soon as it is taken.

10.

Dasti under signatures of the Court Master.

RAJIV SHAKDHER, J FEBRUARY 18, 2020 c W.P.(C) 7948/2016