1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.2275/2009 Surabhi Mittal & Ors. Versus Central Board of Secondary Education & Ors. AND S.B. Civil Writ Petition No.2520/2009 Lokendra Singh Versus Central Board of Secondary Education & Ors. AND S.B. Civil Writ Petition No.2525/2009 Ritu Raj Singh Versus Central Board of Secondary Education & Ors. AND S.B. Civil Writ Petition No.2594/2009 Vikas Kumar Versus Central Board of Secondary Education & Ors. Date of Order : 27.07.2009 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Akhil Simlote ] Mr.R.K.Sharma ] Mr.K.A.Khan ], for the petitioners. Mr.Virendra Lodha, for the respondents. By the Court: By these writ petitions, a challenge has been made to the action of the Central Bord of Secondary Education (for short “the CBSE”), whereby the petitioners were not permitted to appear in the examination of class 10th. It is stated by the learned counsel that petitioners pursued their studies of class 10th with Central Academy, Pragati Nagar, Ajmer. Tuition fee was charged for the academic session and thereupon, 2 examination fee was also accepted by the Central Academy. It was initially declared by the Central Academy that it is an affiliated institution with the CBSE for class 10th and based on that only, petitioners had taken admission but ultimately, it was found that Central Academy has not been granted affiliation for class 10th for the year 2008-09, thus CBSE refused to take examination of the petitioners. By way of interim order, this Court permitted all the petitioners to appear in the examination and accordingly, the petitioners have already appeared in the examinations and their result were called by the Court and pursued thereupon. Learned counsel for the respondent CBSE submits that there exists no fault on the part of the CBSE to deny the entrance in the examination to the petitioners because they had not pursued their studies with the affiliated institution and that was in the knowledge of the institution itself. The petitioners were still allowed to appear in the examination pursuant to the order of this Court. It is stated that if looking to the careerer of the students, the writ petitions are allowed then at lease Central Academy should be settled with proper cost, which should be given to the CBSE. The respondent No.3 Central Academy has also filed detailed reply, therein it is stated that an FIR was lodged against them for the same incidents and otherwise, the institution was inspected by the CBSE and in the letter dated 29/30.01.2008 granted 3 provisional sanction of affiliation for secondary school examination w.e.f. 01.04.2008 to 31.03.2011, thus the Central Academy was not at fault in granting admission to petitioners. However, CBSE had not granted permission to the students for the academic year 2008-09. The students were permitted to appear in the examination only from the year 2010, the efforts were made with the CBSE but without result. The CBSE erroneously permitted affiliation of class 10th with a condition that they will permit students to appear in the examinations of class 10th from the year 2010. It is also stated that parents were informed about the situation and it is also given out that they may withdraw their wards and can take admission in other institutions, which was in the meeting held in the month of February 2008. Lastly, it is stated that if at all students are permitted even at the cost of Central Academy, then they are ready to pay sum of Rs.50,000/- to the CBSE,. Which would nothing but to show bonafides of the Central Academy and can be otherwise towards cost/compensation, thus the prayer of the respondent Central Academy is that to regularize the examinations of the petitioners for class 10th. At this stage, learned counsel for the CBSE stated that if cost is paid to the CBSE then necessary relief can be granted to the petitioners as otherwise it is a question of the careerer of the students. I have considered the rival submissions made by the learned counsel for the parties and find that 4 students have already appeared in the examination pursuant to the interim order of this Court and their result were also opened in the Court, where many of the students have already passed class 10th examination. Now in view of the above as well as the fact that petitioners had taken admission in class 10th bonafidely and there was no fault or suppression on their part in taking admission, thus in view of the above and as agreed by the learned counsel for the respondents, the CBSE is directed is directed to allow appearance of the petitioners in class 10th examination, which has otherwise been permitted in view of the interim order. The result of the petitioners may be declared by the CBSE officially with further direction that if any student has received compartment, then the result of the compartment may also be declared as otherwise, the candidates were permitted to appear in the examination in regard to the subject wherein they have received compartment. The Central Academy will pay a sum of Rs.50,000/- to the CBSE towards cost/compensation as agreed. The aforesaid amount would be paid within a period of two months from the date of receipt of copy of this order. With the aforesaid directions, all the writ petitions are allowed. (M.N. BHANDARI),J. Preety Item NO.18 to 21