Nafr High Court
Case Details
1 2025:CGHC:47409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4640 of 2025 1 - Mrs. Poonam Chandel W/o Late Shri Anil Chandel Aged About 47 Years R/o Gandhi Nagar, Ratanpur, District Bilaspur C.G. 2 - Sharad Agrawal S/o Shri Jageshwar Prasad Aged About 46 Years R/o Badi Bazar, Ratanpur, District Bilaspur C.G. 3 - Jageshwar Rao Bhosle S/o Shri Khande Rao Bhosle Aged About 52 Years R/o Old Bus Stand, Ratanpur, District Bilaspur C.G. 4 - Dinlar Rao Bhosle S/o Shri Shishupal Rao Bhosle Aged About 50 Years R/o Old Bus Stand, Ratanpur, District Bilaspur C.G. 5 - Narmadapuri Goswami S/o Shri Kamleshpuri Goswami Aged About 49 Years R/o Khandoba Mandir, Ratanpur, District Bilaspur C.G. 6 - Sanjay Bhardwaj S/o Shri Kalaram Bhardwaj Aged About 48 Years R/o Sildaha, Kalmitar, Ratanpur, District Bilaspur C.G. 7 - Mrs. Uttra Sahu W/o Late Vinod Sahu Aged About 43 Years R/o Mahamaya Para Ward No. 3, Ratanpur, District Bilaspur C.G. 8 - Ashutosh S/o Shri Gulraj Motwani Aged About 49 Years R/o Near Kila Gate, Ratanpur, District Bilaspur C.G. 9 - Lakhan Lal Kashyap S/o Manharan Lal Kashyap Aged About 47 Years R/o Mahamaya Para, Ratanpur, District Bilaspur C.G. 10 - Kamlesh Sahu S/o Shri Ramswaroop Sahu Aged About 51 Years R/o Gandhi Nagar, Ratanpur, District Bilaspur C.G. 11 - B.R. Lasar S/o Shri Jhalur Prasad Aged About 50 Years R/o Rajahapara, Ratanpur, District Bilaspur C.G. 12 - Kishore Kumar S/o Shri Anuj Ram Dhiwar Aged About 46 Years R/o Gandhi Nagar, Ratanpur, District Bilaspur C.G. 13 - Mahesh Prasad Kashyap S/o Shri Laxmi Prasad Kashyap Aged About 48 Years R/o Ratanpur, District Bilaspur C.G. Digitally signed by JYOTI JHA Date: 2025.09.18 17:43:22 +0530 2 14 - Mrs. Kusumlata Maravi W/o Late Shri Surajbhan Singh Maravi Aged About 45 Years R/o Village Silli Parsada, District Bilaspur C.G. 15 - Mrs. Anuradha Sen W/o Late Shri Asha Ram Sen Aged About 49 Years R/o Manjhawani, District Bilaspur C.G. ... petitioners(s) versus 1 - Union Of India Through Its Secretary, Ministry Of Education, Department Of School Education And Literacy, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi- 110001. 2 - Central Board Of Secondary Education Through Its Chairman Integrated OfÏce Complex Sector-23, Phase-I, Dwarika New Delhi- 110077. 3 - Director (AfÏliation) Central Board Of Secondary Education, Integrated OfÏce Complex Sector-23, Phase-I, Dwarika New Delhi- 110077. 4 - Regional OfÏcer, Central Board Of Secondary Education, Plot No. 4 (Pt) Shailashree Vihar Chandrashekharpur, Bhubaneshwar, District Khurda (Odissa)- 751021 5 - Under Secretary, Central Board Of Secondary Education, Plot No. 4 (Pt) Shailashree Vihar Chandrashekharpur, Bhubaneshwar, District Khurda (Odissa)- 751021 6 - The Collector, Bilaspur, District Bilaspur C.G. 7 - The District Education OfÏcer, Bilaspur, District Bilaspur C.G.
Legal Reasoning
8 - Intelligent Public School Gandhi Nagar, Ratanpur District Bilaspur C.G., Through Its Director Namely Harish Chandra Singh, S/o Shri Jiyalal Singh, Aged About 40 Years, R/o Gandhi Nagar, Ratanpur, District Bilaspur C.G. 9 - The Principal Of Intelligent Public School Gandhi Nagar, Ratanpur, District Bilaspur C.G. ---Respondents (Cause-title taken from Case Information System) For petitioners For Respondent -UOI For Respondent-State For Respondent- CBSE For Respondent No. 9 : Mr. Manoj Paranjape, Sr. Advocate assisted by Mr. Omprakash Gupta, Advocate : Mr. Niraj Baghel, CGC on behalf of Mr. Ramakant Mishra, DSGI. : Mr. Anurag Tripathi, P.L. : Mr. T.K. Tiwari, Advocate : Mr. Amrito Das, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 16/09/2025 3 1. 2. With the consent of the parties the matter is heard finally. By way of present writ petition, the petitionerss are challenging the illegal and arbitrary action on the part respondent -CBSE, Regional OfÏce Bhubaneshwar, whereby vide order dated 07.08.2025/during mid- Session the Principal of the School has been directed to issue the transfer certificates, academic records and other relevant documents to all the students without any delay or obstructions enabling them to take admission elsewhere. 3. Learned Sr. counsel for the petitioners submits that the school administration has informed the parents about the said order dated 07.08.2025 and first time the parents came to know that, their children's are supposed to take admission in other CBSE afÏliated school of their choice subject to eligibility and seat availability. 4. Learned Sr. counsel for the petitioners submits that it is very difÏcult for the parents to shift their children's in any other CBSE afÏliated school. The present school where the children's were prosecuting their studies is situated at Gandhi Nagar Ratanpur. No other CBSE school nearby places within the peri pheri of 23 kilometers is available. After Ratanpur the CBSE schools are available in Bilaspur which is near about 23 kilometers from the present school. Even during the mid-session it is not possible for the other CBSE schools to accommodate the children's due to limited seats. The half session of Class XII has already been completed and the Half year examination is scheduled to take place in September 2025. The parents have already deposited the fees and even the students cannot be accommodated in other schools, due to limited vacancies. The students cannot adjust themselves in the new 4 schools and it would ultimately affect the performance of the students and their academics. The form of final examination/enrollment of Class XII is scheduled to be filled-up in the next month i.e. in the month of September 2025. There would be a mess if at this stage they will be shifted to other schools. 5. Learned Sr. Counsel for the petitioner submits that the parents and the students were not aware in respect of the order of withdrawal of provisional afÏliation of the school due to certain deficiencies/non- compliance as recorded in the order of the Board of Secondary Education dated 25.02.2025. The parents have requested the school administration for furnishing the copies of the orders passed against the school and on such requests the orders were supplied to the parents. The parents and the students have received a great shock when they came to know that, on 25.02.2025 the Director (AfÏliation) Central Board of Secondary Education has directed the Regional OfÏce Bhubaneshwar to shift the Students of Class XI to nearby CBSE afÏliated schools on or before by 31.03.2025 for Session 2025-26. 6. Learned Sr. Counsel for the petitioners further submits that it is very unfortunate that neither the Regional OfÏce Bhubaneshwar nor any other authority have taken any steps to shift the students of Class XI to any nearby CBSE Schools and those students after declaration of their results in March 2025, took admission in the same school and now after 5 months/during the mid-session when half yearly examination is schedule to take place in the next month, the order has been passed for issuance of the transfer certificates. 7. Learned Sr. Counsel for the petitioner further submits that due to 5 inaction on the part of the Regional OfÏce Bhubaneshwar or on the part of the CBSE Authorities now at this stage the students should not be made to suffer and therefore the parents have filed the instant writ petition for redressal of their grievances and they are also challenging the order dated 07.08.2025 as well as 25.02.2025 so far as it adversely affects the students are concerned. 8. He further submits that the CBSE authorities while passing the orders dated 25.02.2025 as well as 07.08.2025 have failed to appreciate and safeguard the interest of the students. Even the parents after knowing the directions issued by the CBSE have tried to approach the nearby CBSE schools at Bilaspur, but it reveals that during the mid-session when the half yearly examination schedule to take place in the month of September 2025, no school is interested to accommodate the children's. Even the authorities while passing the orders have failed to appreciate AfÏliation Byelaws 2018 specially Regulation 13.14 and 13.15. So far as the last part of the order dated 25.02.2025 is concerned, it is submitted that, student of Class XII of Session 2024-25 (who were students of Class XI on the date of passing of the order dated 25.02.2025) were permitted to appear in the final examination from the same school, but here the students who at that point of time were students of Class XI and who were directed to be shifted to the nearby schools were not shifted by the Regional OfÏce Bhubaneshwar on or before 31.03.2025 for Session 2025-26 therefore, this entire havoc has been created and now the students are made to suffer. At no point of time either by the CBSE Board or the school have informed the students regarding passing of the order of shifting. Even otherwise the Regional OfÏce Bhubaneshwar was supposed to take action, but no 6 action was taken. The school cannot shift the students to other schools. Therefore, the action on the part of the respondents is illegal, arbitrary and also against the interest of the students of Class- XII. 9. Learned counsel for respondent- CBSE submits that the instant petition has been filed claiming themselves to be the parents of the students but, neither the class section, admission number and any documentary proofs nor the identity cards have been filed to prove they are the regular students. 10. Learned counsel for respondent- CBSE submits that the instant petition filed by the petitioners is not maintainable and same has been filed with ulterior object for indirect benefit of the school as the earlier petition bearing no. 4364/2025 filed by the School i.e. respondent no. 8 was withdrawn in which the impugned order dated 07/08/2025 Annexure P- 1 and 25/02/2025 Annexure P-2 of this petition was challenged. Thus, the downgrading of the afÏliation passed by the respondents has become absolute. 11. Learned counsel for respondent- CBSE further submits that the children's of the petitioners i.e. the said students can't be left in a school which is the violator of afÏliation grant condition itself and has been found engaged in unethical practice of sponsoring the non attending dummy students for the board examinations in the same school which is not having the afÏliation for Senior Secondary classes. 12. Learned counsel for respondent-CBSE respectfully submits that the board is in process to accommodate all the students in nearby afÏliated CBSE schools duly fulfilling the conditions of afÏliation grant conditions and a good reputed school for the further studies of the petitioner's 7 children. The petitioners and the students are innocent and their overall interest is that the student be continued in a school which is fit as per afÏliation by laws. The board shall take care of the interest of the students. 13. I have heard learned counsel for the parties and perused the material available on record. 14. First of all, it is admitted fact that the CBSE has stated mentioning therein that INTELLIGENT PUBLIC SCHOOL, GANDHI NAGAR RATANPUR, BILASPUR, CHATTISGARH-495442 was given Provisional afÏliation with the Board for Secondary Level w.e.f. 01.04.2018 to 31.03.2021 & further upgraded to Senior Secondary Level w.e.f 01.04.2021 to 31.03.2024. The afÏliation is renewed from time to time and is afÏliated till 31.03.2029 with afÏliation number 3330266. As per conditions of afÏliation, the school shall abide by the provisions of the Examinations and AfÏliation Bye-Laws of the Board. It has also been passed the following order :- E) Conclusion: Thus, the following violations are established beyond doubt:- 1. The school is indulged in sponsoring non attending students. 2. The school has a disproportionately high absenteeism of students in senior classes. 3. The school has manipulated its records to mislead the Board. 4. The school has severe infrastructural deficiencies. 5. The school does not have Counselor & Wellness teacher and Special Educator for Full time Basis. 6. The school has not maintained section teachers' & pupil teacher ratio. 7. The school is not paying salary as per state norms Accordingly, the above gross violations of the AfÏliation 8 and Examination Bye-Laws invokes the penalty under Clause 12.1 of the AfÏliation Bye Laws. The violation observed are clearly manifesting wilful non-observance of the AfÏliation Bye-Laws and sponsoring non-bonafide students and other infrastructural ficiencies. Therefore, it can only be concluded that the school is liable for the penalty viz. downgrading of the school upto Secondary Level. Hence, it is so ordered that:- The afÏliation granted to the school may be may be downgraded to Secondary Level with immediate effect with the following conditions. 1. The school will be afÏliated up-to Secondary Level only. 2. Student in Class XII are permitted to appear from the same school for session 2024-25. However, students who are presently in class XI shall be shifted to nearby CBSE afÏliated school OfÏce, Bhubaneshwar by 31.03.2025 for session 2025-26 by Regional 3. The school shall not take any new admissions or promote the students of lower class to class XI by natural progression, hereafter. 4. The school may seek upgradation of afÏliation upto senior secondary level after lapse of one academic year l.e. from 2026-27 after ameliorating the deficiencies pointed out. 15. It is crystal clear from the order dated 25.02.2025 that Intelligent Public School Gandhi Nagar Ratanpur has violated afÏliation Bye-laws of the Board, therefore the afÏliation granted to the school has been downgraded to Secondary Level. 16. Further, AfÏliation Bye-laws 2018 is annexed as Annexure P/5 wherein clause 13.14 provides that “the future and welfare of the students studying in the school will be kept in mind while imposing penality on the school”. Clause 13.15 provides that “in case of disaffiliation or downgrading of a school the students who are already studying in the school in classes IX, X, XI and XII, as the case may be, will be allowed to appear in the Board’s exam in their respective batches from the same school or from a school approved or 9 decided by the Board” 17. From the above clause 13.14 and 13.15, it transpires the fact that CBSE has made rule for protection of study of the students and the respondents have not complied the provision while passing the impugned order. 18. This Court is of the view that after passing of the order dated 25.02.2025 (Annexure P/2) whereby the afÏliation granted to the said school has been downgraded, the authorities has not tried to inform the downgrading of the said school to the petitioners i.e. the parents of the students or students before 07.08.2025. As per rule, the class 11 th and 12th has been started in the month of April 2025. After downgrading the afÏliation of the said school and as per condition No. 2 of the said order dated 25.02.2025, it was the duty of the respondent No. 4- Regional OfÏcer, Bhubaneshwar that students who are presently in class XI shall be shifted to nearby CBSE afÏliated school by 31.03.2025 for session 2025-26. However, the Regional OfÏcer Bhubaneshwar has not followed the condition No. 2 as mentioned in the said order dated 25.02.2025 and only on 07.08.2025, the respondent No. 4 has intimated the said school about relocation arrangement for class XI Students (Session 2024-25) due to withdrawal of Provisional AfÏliation. The said letter is reproduced hereinunder:- To The Principal Intelligent Public School Date:07.08.2025 Gandhi Nagar, Ratanpur Bilaspur, Chhattisgarh-495442 Subject: Relocation Arrangement for Class XI Students (Session 2024- 25) due to Withdrawal of Provisional AfÏliation Madam/Sir. This is with reference to your representation dated 03.03.2025 and the subsequent decision of the Board to withdraw the Provisional AfÏliation of Intelligent Public School, AfÏliation No. 3330266 due to 10 several deficiencies/non-compliances as recorded in the Board's order dated 25.02.2025. In accordance with the directions of the Competent Authority, the following arrangements have been made for the students of Class XI (Session 2024-25): currently studying in Class XII: 1. Total number of affected students: 219 2. The 219 students are permitted to seek admission in any CBSE-afÏliated school of their choice, subject to eligibility and seat availability. You are hereby directed to: Immediately inform all affected students and their parents about the orders of the board Issue Transfer Certificates (TCs), academic records, and other relevant documents to all students without any delay or obstruction, enabling them to take admission elsewhere smoothly. This action is being taken in the interest of students so that their academic year is not adversely affected. This order is issued with the approval of the Competent Authority 19. In this letter, the relevant part is date of letter i.e. 07.08.2025 and the CBSE has already passed the order on 25.02.2025. However, on 07.08.2025 the Regional OfÏce has directed the principal of the school to issue transfer certificate (TCs), academic records, and other relevant documents to all students without any delay or obstruction, enabling them to take admission elsewhere smoothly. Who is the responsible for that ? No direction has been given by the Regional OfÏce for shifting to nearby CBSE afÏliated school before 31.03.2025. No doubt, the said school has violated the afÏliation and examination bye-laws. But there is no mistake of petitioners i.e. students or parents of the students of the said school Intelligent Public School, Gandhi Nagar Ratanpur. Therefore, the concerned authority has no right to penalize the students of the said school. Learned Sr. Counsel for the petitioners has already filed admission list and list of deposition of fees which prima facie clears that the children of the petitioners are regular students of the said school. 20. Therefore, looking to the clause 13.14 and 13.15 of the AfÏliation Bye- laws 2018, it is directed that the Regional OfÏce Bhubaneshwar CBSE 11 shall follow the provision of 13.15 with immediate effect. The only children of the petitioners are permitted to continue their study and appear in the Board’s exam in their respective batches in the Intelligent Public School, Gandhi Nagar Ratanpur only for the session of 2025-26. The CBSE is directed to take care of the children of the petitioners in submitting their forms and will provide all the facilities to the concerned students. 21. It is made clear that this Court has not passed the order in favour of the said school for downgrading. The concerned CBSE is at liberty to take action against the Intelligent Public School, Gandhi Nagar Ratanpur in accordance with law and rules. 22. Accordingly, the present writ petition stands Partly Allowed. Sd/- (Arvind Kumar Verma) Judge