IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1488 of 2009 1. NOTRE DAME ACADEMY,PATLIPUTRA COLONY THROUGH ITS PRINCIPAL SR. TESSY SND, RESIDENT OF NOTRE DAME CONVENT, PATLIPUTRA COLONY, P.S- PATLIPUTRA, DISTT- PATNA ...........petitioners Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENTOF EDUCATION GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, ALLAHABAD 4. CHITRANJAN KUMAR S/O LATE K.N. SRIVASTAVA, R/O SHAKTI BHAWAN, ROAD NO.-16, RAJIV NAGAR, P.S- RAJIV NAGAR, DISTT- PATNA 5.RAJESH KUMAR, S/O KAILASH PRASAD, R/O BEHIND S.B.I. COLONY, BABUPUR, P.S- DIGHA GHAT, DISTT- PATNA ...........respondents ----------- For the appellant: Mr. K. M. Joseph, advocate Thressamma K. P. advocate For the CBSE: Mr. Vinay Krishna Tripathi, advocate For the respondents: Sanjay Kumar, advocate --------------- 2 04-12-2009 Heard learned counsel for the appellant, learned counsel for the C.B.S.E and learned counsel for the respondent- writ petitioners. The appellant is a minority managed educational institution. It has objected to subjecting the institution to another enquiry as ordered by learned writ court by order under appeal dated 7-11-2009. It has been submitted on behalf of the appellant that the first enquiry by the CBSE was not objected by the school because it did not want to hide anything on facts. It is the case of the appellant that writ petition against a minority educational institution in respect of claim of the two students that they should not have been removed from the school and should be admitted back is not maintainable but that issue is not being decided as a preliminary issue and instead a further enquiry has been ordered on issues of public importance as to what should be role of school 2 and teachers and that of parents in imparting knowledge and improving behaviour and morals of the students. According to learned counsel for the appellant the subject of the enquiry is too vast and fit for public debate but holding an enquiry by the CBSE officials in the premises of the school will vitiate the atmosphere of the school and demoralize the teachers and students. It has been submitted that CBSE has very limited role in respect of institutions which have affiliation from this body and it has no power to control the institutions by holding enquiry into the role of teachers in respect of any particular incident or in general. Having considered the issues involved at the present stage of the writ petition, we are of the view that since the appellant has raised a serious objection to the maintainability of the writ petition as well as to the authority of the CBSE to hold an enquiry into such matters, the enquiry ordered by the writ court need not be held by the C.B.S.E. The issue indicated in the order under appeal dated 7-11-2009 may be considered and decided on the basis of materials which may be brought on record by the parties. It is expected that the writ court shall now decide the preliminary issue as to maintainability of the writ petition in accordance with law and then proceed to decide other issues. The appeal is disposed of with the aforesaid modification in the order under appeal. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)