IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11007 of 2010 1. CENTRAL ENGLISH SCHOOL, MOHALLA KABIRGANJ, P.O.+P.S.- SASARAM, DISTT.- ROHTAS (BIHAR) THROUGH ITS CHAIRMAN, SYED HASAN NEZAMI S/O SRI MD. MOIN R/O MOHALLA- BIRLA MANDIR ROAD, P.O.- BANKIPUR, P.S.- PIRBAHORE, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT (SECONDARY EDUCATION), GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT (SECONDARY EDUCATION), GOVT. OF BIHAR, NEW SECRETARIATE, PATNA 3. THE CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 1100092 THROUGH ITS CHAIRMAN 4. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 1100092 5. THE DEPUTY SECRETARY (AFF), CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 1100092 ----------- 2/ 02/08/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for the Central Board of Secondary Education (hereinafter referred to as the ‘C.B.S.E.’. Learned counsel for the petitioner submits that grant of N.O.C. by the State Government was a pre- condition to applying for recognition before the C.B.S.E. The last date for submission of such an application was 30th of June, 2010. The State Government has granted the N.O.C. on the 29th of June, 2010. The institution is being penalized for the lapses of the State Government. Insofar as the other objections raised in the impugned order dated 4/11.3.2010 issued by the C.B.S.E. is - 2 - concerned, it is submitted that the petitioner institution, in fact, fulfils some of them and is ready to remove deficiencies further, if any. Having heard learned counsel for the C.B.S.E. this Court is satisfied that the petitioner institution cannot be allowed to be prejudiced for events beyond its control if the N.O.C. has been issued belatedly by the State Government and even for which it appears that the petitioner had to pursue matters against the State Government before this Court in C.W.J.C. No.9179 of 2009. The petitioner was therefore clearly vigilant in pursuing the matters appropriately. The C.B.S.E. is required to consider the grant of affiliation to the petitioner institution in light of the N.O.C. granted by the State Government and if the petitioner institution satisfies it for having fulfilled other deficiencies as mentioned in the aforesaid order. If the petitioner so requests, this Court expects that the C.B.S.E. shall also grant the institution a personal hearing and thereafter pass final fresh appropriate orders within a maximum period of three months from the date of receipt/presentation of a copy of this order before the C.B.S.E. This Court expects that the C.B.S.E. while taking an appropriate decision shall keep in mind the - 3 - factors and circumstances which were beyond the control of the petitioner on the issue of recognition and shall not penalize the petitioner for what essentially may have been the lapses of the State Government or the others. The writ application stands disposed. KC ( Navin Sinha, J.)