Minor Sunil Oraon Tr. Guardian & Ors vs C.B.S.E. & Ors

Challenge in this appeal is to the judgment rendered by a Division Bench of the Jharkhand High Court dismissing the Letters Patent Appeal which was filed by the Cambridge School Parents Association and another questioning legality of the judgment and order dated 15.6.2006 passed by a learned Single Judge in a Writ Petition. In the Writ Petition prayer was for a direction to the respondent-Central Board of Secondary Education (in short the 'CBSE') to allow the students to appear in the examination conducted by CBSE and to publish their results. The Writ Petition related to 159 students of Class X and 121 students of class XII of the Cambridge School, Tatisilwai, Ranchi for appearing in the examination which was scheduled to be held on 1st March, 2006. Though initially learned Single Judge had permitted candidates to appear pursuant to interim order dated 27.2.2006, subsequently the writ petition was dismissed on the ground that the school was not affiliated to the CBSE and, therefore, no direction sought for could be given. In the appeal filed under Clause 10 of Letters Patent, the view was endorsed.

Certain facts which are undisputed need to be noted:

(ii) No affiliated school shall endeavor to present the candidates who are not on its roll nor shall it present the candidates of its unaffiliated Branch/School to any of the Board's Examination.

It is essentially the stand of CBSE that the School is not an affiliated one to the CBSE and students whose schools are not affiliated with the Board cannot be allowed to sit in the Board's Examination as regular students. Though by interim order dated 27.2.2006 the learned Single Judge directed CBSE to allow the students of class X and XII of the school provisionally appear at the Examination, the same was subject to the decision of the case. Subsequently, the Writ Petition was dismissed and as noted above the Letters Patent Appeal was also dismissed. By filing Additional affidavit the petitioner has stated that some of the students who have taken the Examination pursuant to the interim order passed by the Board were in fact bona fide students. 32 students were studying from the lower schools and the 13 students were also studying from lower classes but had failed earlier appeared in class XII examination. Since these students are bona fide students even if it is held that affiliation has not been granted for certain period, that cannot be taken as a weapon to practically destroy the educational career of the students. The appellants have enclosed a list of 159 students of class X and 121 students of Class XII who were allowed to appear in the Secondary School and Senior Secondary Examination, 2006 in terms of the interim order passed. CBSE in its affidavit had clarified that 728 students appeared in Class X Secondary School Examination which was held in 2006 from the school. Names of only 16 students appear in the list of Class XII examination held in 2006. The details in this regard are stated as follows:

The Roll Nos. of Candidates at SI. No. 34, 79, 121 as stated in Annexure I are wrong, hence, their status has not been given.

I am enclosing herewith Annexure R-13 showing the details of the students and schools from where they have passed Class X examination."

Students have suffered because of the objectionable conduct of the school. It shall be open to them to seek such remedy against School as is available in law, about which aspect we express no opinion.

The appeal is dismissed but without any order as to costs.