BHARAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) /1/2013 Page 14 Suman Kumar Verma Versus Union Of India 1. Heard learned counsel for the parties.

(2.) THE two sons of petitioner no.1, daughter of petitioner no.2 and the son of petitioner no.3 are the students of Class X/XI of ST. Severin 'sHigh School, New Area, Kadamkuan, Patna (hereinafter referred to as the School) and were to appear in the Secondary/Senior Secondary School Examination, 2007 conducted by the Central Board of Secondary Education (hereinafter referred to as the CBSE) in March, 2007 but when their registration for the said examination was not made by the authorities of the CBSE on the ground that the affiliation of the School itself stood withdrawn under order dated 17.9.2004, Annexure -8 to this application with effect from the date of issue of the said instruction, they have approached this Court by filing the present writ application to direct the authorities of the CBSE to register and permit them to appear in the said examination.

(3.) LEARNED counsel for the CBSE has opposed the prayer with reference to the averments made in the counter affidavit as also the case law referred to in the counter affidavit and relied upon during the hearing of this case, namely, the case of Minor Sunil Oraon Tr. Guardian & Ors. vs. CBSE & Ors., reported in 2007(1) PLJR 69 (SC). With reference to the averments made in the counter affidavit, learned counsel for the CBSE submitted that the affiliation of the School was withdrawn for the failure of the School to comply with the provisions of the Affiliation Bye -laws of the CBSE as also for failure to produce the title documents of the place where the School was functioning but considering the larger interest of those who studied in Class IX, X, XI and XII on the date of withdrawal of affiliation i.e. 17.9.2004, the students of the said classes were permitted to appear in the Secondary/Senior Secondary School Examination, 2005 and 2006 as to that effect stipulations were made in the order -withdrawing the affiliation dated 17.9.2004 and the subsequent order dated 25.10.2004 and 31.12.2004, as contained in Annexures -. 9 and 11, but close perusal of those orders would, however, indicate that the School was restrained from engaging new class IX/XI for the subsequent academic session and in the circumstances the prayer made in the application to permit the wards of the petitioners to appear in the Secondary/Senior Secondary School Examination, 2007 is absolutely misconceived and should be rejected. With reference to the case law referred to in the counter affidavit and placed before this Court during the hearing of this application, he submitted that this Court should not allow the students of unrecognized School to appear at the examination by becoming liberal, generous or sympathetic towards them as the Hon ble Supreme Court has deprecated such practice of educational institution admitting students without requisite recognition or affiliation.