[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO. 3261/2007 PRATEEK KUMAR Vs. UNION OF INDIA & ORS. DATE: 24.07.2007 HON'BLE MR. JUSTICE K.S. RATHORE Mr. P.S. Sharma for the petitioner. **** By way of this writ petition, the petitioner is seeking writ, order or direction to declare the impugned order dated 25/29.01.2007 (Annexure-4) as illegal, unconstitutional and ultravirus. The grievance of the petitioner is that on complaint received by the Central Board of Secondary Education, Delhi (for short 'the Board') regarding irregularities committed by the school namely Central Academy Senior Secondary School, Kota, the matter was enquired and it was observed by the Board vide Annexure-4 dated 25/29.01.2007 that the school is having only one section from class I to class IX in the academic sessions 2003-04 and two sections in class X. It is further felt that there is disproportionate increase in the section at Senior Secondary stage, [2] therefore, it was duly informed by the Board that after due consideration the Board has decided to restrict the number of sections in class XI and XII to four sections each with a maximum limit of 40 students per section w.e.f. the academic session 2007-08 and onwards. It was further informed that any violation in this regard would be viewed seriously and Board shall not allow students more than prescribed restriction to appear at its class X and class XII Examinations in future. Learned counsel for the petitioner submits that the Central Board of Secondary Education cannot restrict number of sections and number of maximum limit of students in each section as stipulated in the impugned order dated 25/29.01.2007. It was further contended that any order cannot be made effective with retrospective effect. It is also contended on behalf of the petitioner that limit of sections and maximum limit of students in each section cannot be fixed by the Board and the Board is not legally empowered to do so. Having heard learned counsel for the petitioner and after going through the impugned order dated 25/29.01.2007 passed by the Central Board of Secondary Education, it appears to be just and proper to restrict the number of sections in class XI and XII [3] to four sections each class and permitted maximum limit of 40 students in each section. It is also in the interest of the students and for better education necessary to restrict the number of students upto the maximum limit of 40 students. I am also not convinced with the submissions made on behalf of the petitioner that it is made effective with retrospective effect, whereas it was clearly indicated that this restriction will be applicable to the academic session 2007-08 and onwards, which cannot be said to be made effective with retrospective effect. Thus, I find no illegality in the impugned order dated 25/29.01.2007 passed by the Central Board of Secondary Education and the same requires no interference by this Court. Consequently, the writ petition fails and the same is dismissed. (K.S. RATHORE),J. /KKC/