Chattisgarh High Court
Dronacharya Public School vs State Of Chhattisgarh on 24 July, 2024
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order reserved on 28.6.2024
Order delivered on 24/07/2024
WPC No. 2544 of 2024
1. Dronacharya Public School Through its Principal namely Atul
Kingrani, S/o Shri Bhisham Das Kingrani, aged about 34
Years, R/o A-1, Pawan Vihar Colony, Near Dronacharya
Public School, New Rajendra Nagar, Raipur Dist Raipur (C.G.)
2. Dronacharya Educational Society A Registered Society Under
The Relevant Provisions Of Chhattisgarh Society
Registrikaran Adhiniyam, 1973, Heaving Address Of The
Society Dronacharya Public School, New Rajendra Nagar,
Raipur, District - Raipur, Chhattisgarh. Through Its
President/manager Namely Ankur Arya, S/o Mr. Amar Arya,
Aged About 33 Years, R/o Arya Niwas, Pawan Vihar Colony,
Amlidih, Raipur, District - Raipur, Chhattisgarh.
---- Petitioners
Versus
1. State of Chhattisgarh Through Secretary, School Education
Department, Mahanadi Bhawan, Mantralaya, Capital
Complex, Atal Nagar, Nawa Raipur, District Raipur (CG)
2. Central Board Of Secondary Education An Autonomous
Organization Under The Ministry Of Human Resource
Department, Government Of India, Through Its Secretary,
Central Board Of Secondary Education, Head Office Shiksha
Kendra/2, Coommunity Center, Preet Vihar, Delhi.
3. Joint Secretary (Affiliation) Central Board of Secondary
Education, Shiksha Kendra-2, Community Center, Preet Vihar,
Delhi.
4. The Regional Officer Regional Office, Central Board Of
Secondary Education, Plot No.4 (Pt) Saileshree Vihar,
Chandrashekharpur, District - Khordha Odisha - 751021.
5. District Education Officer Raipur, District - Raipur (CG)
---- Respondents
2
For Petitioners : Mr. Ashish Shrivastava, Sr. Advocate assisted by Mr. Manoj Paranjpe, Mr. Amishan Hussain and Mr. Rahul Ambast, Advocates For Respondent No.1 & 5: Mr. D.R. Minj, Govt. Advocate For Respondent No.2 to 4 : Mr. T.K. Tiwari, Advocate SB: Hon'ble Mr.Justice Parth Prateem Sahu CAV Order
1. The Petitioners are before this Court assailing the order dated 07.05.2024 (Annexure P-1) whereby the Joint Secretary, Central Board of Secondary Education (CBSE) rejected the representation of petitioners and affirmed the order dated 22.3.2024 whereby the provisional affiliation granted to petitioner school has been withdrawn with immediate effect under Clause 12.1.9 of the Affiliation Bye Laws, 2018.
2. Brief facts of case are that in the year 2011 the Central Board of Secondary Education, New Delhi (CBSE) granted provisional affiliation to petitioner No.1-school, which is run and managed by petitioner No.2-Society. The provisional affiliation granted in favour of petitioner school for Senior Secondary Level, which was renewed from time to time and lastly on 25.5.2023 for a period from 1.4.2024 to 31.3.2029. A surprise inspection was done by the two members team of the Board in the petitioner school on 22.12.2022 and during inspection certain deficiencies/irregularities were found by the inspection team. Based on report of inspection team, a show- cause notice dated 11.7.2023 was issued to petitioners for 3 showing as to why penalties contained in Chapter 12 of the Affiliation Bye-Laws 2018 be not imposed for the alleged deficiencies/irregularities found by inspection team during inspection of petitioner school. Petitioners filed reply denying all contentions in the show-cause notice, but being dissatisfied with the reply of petitioner, respondent No.3 invoking the powers conferred under the Affiliation Byelaws, 2018, has withdrawn the provisional affiliation granted to the petitioners for Senior Secondary School level with immediate effect vide order dated 22.3.2024. Aggrieved therewith, petitioners approached this High Court by filing a writ petitioner bearing WPC No.1826/2024. During course of hearing in aforementioned writ petition, it transpired that representation of petitioners against the order dated 22.3.2024 is pending consideration before the authority concerned. Therefore, said writ petition was disposed of vide order dated 24.4.2024 with a direction to respondent CBSE Board to consider and decide pending representation of petitioners within a period of seven days. Thereafter, respondent No.2 by the order impugned rejected the representation of petitioners.
3. Learned Senior Counsel for petitioners submits that the order dated 22.3.2024 passed by respondent No.3 is illegal, arbitrary and contrary to the Affiliation Bye-laws, 2018. He submits that on 22.12.2022 (day of inspection) the school administration has declared holiday on account of annual day function and as such, inspection by the team was conducted 4 on a holiday which is in violation of Clause 11.7.4 of the Affiliation Bye-laws, 2018 which prohibits inspection of school during holidays. Although teaching activities were off, the school management provided all relevant documents and information to the inspection team on the date of inspection and the inspection team was satisfied that the petitioner school satisfies the requirements as per provisions of the Affiliation Bye Laws including the norms and standards laid down thereunder and therefore, no action was taken against petitioners for about 08 months and during this period, provisional affiliation of petitioner school was also extended upto 31.3.2029. On 11.7.2023, respondent No.3 issued a show cause notice to petitioners regarding irregularities/ deficiencies allegedly found by inspection team during physical inspection and sought explanation.
4. Learned Senior Counsel for petitioners would further submit that petitioners gave reply to show-cause notice explaining each and every alleged irregularity by assigning detailed reasons and also annexed the documents in support of their defence. In the order dated 22.3.2024, it is mentioned that petitioners' reply was not found to be satisfactory. However, before arriving at conclusion that reply is not satisfactory, no reasons are assigned. Thus, there was no scrutiny of the reply submitted by petitioner school and the order dated 22.3.2024 is passed with undue haste, which amounts to economic death of petitioner school. Assigning reason is part of due 5 process and since the order dated 22.3.2024 resulted into withdrawal of affiliation, therefore, it was necessary for the respondents to act in accordance with the principles of natural justice. Hence, the order of disaffiliation is a non-speaking order without application of mind. Further, Clause 11.7 of the Affiliation Bye-laws 2018 mandates that videography of the inspection, however, there is no whisper in the report or show- cause notice about the videography of the complete process of inspection.
5. He further contented that one of the members of inspection team was the Principal of Delhi Public School, Raipur (CG), who is one of the competitors of petitioner school, made certain complaints against petitioner school to the CBSE and in academic session 2022-23 about 41 students of DPS, Raipur have taken admission in petitioner school. Hence, some bias on his part cannot be ruled out and therefore, the Board could not have appointed the Principal of DPS School as one of the members of the inspection team.
6. It is also contended that along with show-cause notice, inquiry report and the documents relied for issuing notice were not supplied. In reply to notice, petitioners have specifically mentioned and requested that if reply is found not satisfactory, then to supply inquiry report enabling to file detailed reply.
7. Learned Senior Counsel for petitioners further submits that Clause 12.1 provides for various penalties including penalty of withdrawal of affiliation, if a school violates the provisions of 6 Affiliation Byelaws. Clause 12.2 empowers the Board to impose all or any of the penalties mentioned in Clause 12.1.1. to 12.1.9 on any school. Thus, the Board is empowered to impose lesser penalty instead of suspension or withdrawal of affiliation. There is nothing on record to show that on any past occasion there was any violation of any of the provisions of the the Affiliation Byelaws, 2018. Even, the irregularities/ deficiencies, as pointed in show-cause notice, are not such which warrant an extreme harsh view being taken in the matter i.e. of withdrawal of affiliation, without affording opportunity to petitioners to rectify the same.
8. Lastly, it is submitted that future of the students are on stake as most of the students have been studying in the petitioners' school since beginning and they have been thrown to suffer and, in this event also, welfare of the students have been ignored by the CBSE in a hasty manner.
9. In support of his contention, he placed reliance on the decision of Hon'ble Supreme Court in case of T. Takano vs. Securities and Exchange Board of India and another, reported in (2022) 8 SCC 162.
10. Learned counsel appearing on behalf of respondent No.2 to 4 opposing the submissions made by learned Senior Counsel for petitioners, would submit that upon receiving some complaints as regards affairs and functioning of the schools affiliated to the Board across the country, the Board had constituted a team to conduct surprise inspection in affiliated 7 schools. He submits that as per affiliation bye-laws, every affiliated school shall present a list of number of students and their particulars, but during inspection the Inspection Team noticed that in academic session 2021-22 there were total 109 students in Class-X but in academic year 2022-23 it becomes more than double i.e. 245. It was also noticed by the inspection team that many students were given dummy admissions in the school. As per clause 14.19 (c), the records of attendance of all students shall be properly checked and signed by the Principal or a teacher nominated by the Principal. However, during inspection, the attendance registers were produced before inspection team after three hours of demand, it were not signed by either Principal or teacher nominated by Principal. As per clause 3.1.3 of the Byelaws, a proper playground should exist on the remaining part of the land on which school is situated. However, it was found by the Inspection Team that area of playground in petitioner school is too small for the existing strength of students. There were no proper toilet and sanitary facilities in proportion to the number of students. The conditions of class rooms, laboratories, library, staff room were not upto mark. The service record of the teaching staff was not duly maintained and updated. Service record / educational testimonials/ certificate of the teaching staff have not been produced. The school management also did not produce salary slip or bank statement of teachers to show the 8 transmission of salary from the school to their account. Petitioner school management had not taken proper safety measures to ensure safety and security of students like absence of railings in the stair case in some portion, sealed electric wiring to avoid any danger due to electrocution. Accordingly, an inspection report was prepared mentioning all aforementioned irregularities/ deficiencies noticed during physical inspection. Based upon which, the petitioner school was served with show-cause notice by the Board asking to explain as to why action should not be taken as per provisions of the Affiliation Byelaws, 2018. Petitioner school responded to show-cause notice in which they did not specifically deny any of the allegations mentioned in the show-cause notice and they only tried to justify the lapses on their part. Upon consideration of reply submitted by petitioners, respondent No.3 passed the order withdrawing provisional affiliation granted to petitioner school for Senior Secondary School examination.
11. He submits that affiliation with the Board is not merely a formality but a commitment to uphold educational standards and adhere to prescribed regulations aimed at ensuring quality education and students welfare. Since the petitioner school not only violated the conditions for grant of affiliation but also failed to fulfill the norms and standards specified in the Byelaws, the Board has issued the order withdrawing provisional affiliation granted to the petitioner school. 9 Petitioners were only interested in making money and was not interested in the quality of education or the academic career of the students. The order dated 22.3.2024 passed by the respondent Board is based upon the principle of natural justice as proper opportunity was granted to the petitioner school by issuing show-cause notice which was also replied by the petitioner. Disaffiliation of petitioner school is one of the punishments, which can be imposed by the CBSE, where gross violations of the applicable rules and Bye-Laws are found to have taken place. However, taking into consideration the career of the students and to safeguard the academic future of those students, while issuing order dated 22.3.2024 withdrawing affiliation, the Board has taken care of the interest of the bonafide students, who are pursuing their studies in Class X and XII in petitioner school for the academic session 2024-25, and they are permitted to be shifted to nearby CBSE affiliated schools of the Board. Petitioners have been permitted to apply for restoration of affiliation for upcoming academic session.
12. I have heard learned counsel for the parties and perused the documents available in record of writ petition.
13. Granting affiliation by the CBSE is governed by the Affiliation Bye-laws, 2018. A copy of the Bye-laws dated 18.10.2018 by which the school has been affiliated to CBSE has been made filed as Annexure P-4. These bye-laws are meant to regulate grant of refusal of affiliation to a school and also governs the 10 functioning of a schools affiliated to the CBSE. If the norms/requirements laid down in these bye-laws are not satisfied, it is for the CBSE to take action as provided in Chapter 12 of the Affilation Bye-laws, 2018 including to withdraw affiliation from a school on that basis. Petitioner is an educational institution affiliated to the CBSE and bound by the affiliation bye-laws of the CBSE.
14. Chapter-2 of the Affiliation Bye-laws, 2018 deals with the norms of affiliation and clause 2.7 says that schools which fulfill all the requirements of Affiliation Bye-laws shall be granted affiliation for an initial period of three years. Chapter 11 deals with inspection of school and Clause 11.4 says that the Board may any time get an affiliated school inspected by a Committee of one or more members without giving any notice to the school. Chapter-12 deals with the imposition of penalties on the school found to be violating the affiliation bye- laws. Chapter 12 reads thus:-
"12.1 If a School is found violating the provisions of the Affiliation Bye Laws / Examinations Bye Laws of the Board or does not abide by the directions of the Board, the Board shall have powers to impose the following penalties :
12.1.1 Written warning 12.1.2 Imposing fine up to ₹5,00,000/- 12.1.3 Downgrading school from Senior Secondary Level to Secondary Level 12.1.4 Restricting number of sections in the School 12.1.5 Debarring the school from sponsoring 11 students in Board's examinations up to a period of two years.
12.1.6 Suspension of Affiliation for a definite period.
12.1.7 Debarring the school from applying for affiliation or restoration of affiliation up a period of five years.
12.1.8 Withdrawal of Affiliation in a particular subject(s) or stream(s).
12.1.9 Withdrawal of Affiliation 12.1.10 Any other penalty deemed appropriate by the Board."
A bare reading of above quoted provision makes it clear that Clause 12.1 grants a discretion to the Board to impose any of ten penalties which follow thereafter in clauses 12.1.1 to 12.1.10, of which withdrawal of affiliation is envisaged in clause 12.1.9.
15. Chapter-13 prescribes the procedure for imposition of penalties. Clause 13.7 says that the Board will issue speaking orders in respect of the penalty imposed on the school and terms of such penalty. Chapter-15 contains special provisions applicable to all the affiliated schools and Clause 15.6 deals with application for restoration of affiliation. According to this clause, the request for restoration will be subject to deposition of requisite fee and the board may conduct an inspection before deciding on the request of the school and the request will be subject to fulfillment of conditions mentioned in order of disaffiliation/downgrading, requirements of affiliation / examination bye-laws of the Board.
16. Now reverting back to the facts of present case. Based on complaint, a Committee of two members was constituted by 12 the CBSE for a surprise inspection of petitioner school, which was conducted on 22.12.2023. During inspection, the Committee observed that in attendance registers some students were shown as 'dummy'; direct admission more than approved seats were given; no service books or evidence of teaching staff were provided; AWR was not properly maintained; five attendance registers were brought from outside the school after three hours, which were neither signed by Class Teacher nor by Principal and even different from the one used in the school. Condition of classroom, labs, library and staff room was not upto mark, at some places stair- cases do not have railing and the toile next to library was also found stinking. Accordingly, the Inspection Committee reported that petitioner school is not running as per the norms of Affiliation Byelaws, 2018 and recommended for suitable action as per bye-laws.
17. Pursuant thereto, a show-cause notice on 11.7.2023 was served to the petitioner school communicating gross violation of Affiliation Bye-laws committed by the school and directing the Manager of the school to submit explanation on or before 26.7.2023 as to why action should not be taken against the school as per the penalties laid down in Chapter 12 of the Affiliation Bye-Laws 2018. The deficiencies pointed out read as under:-
"......AND THEREFORE, on the basis of the provisions contained in clause 11.4 of the Affiliation Bye-Lows, 2018. the Board conducted Surprise Inspection of your school 13 on 22.12.2022. On the basis of the report submitted by the Inspection Committee gross violations were noticed which are as under:-
i. It is reported by the Inspection Committee that students in class X was 109 for session 2021-22 which become 245 in class XI (Maths +Bio) for session 2022-23 i.e, more than double. It seems that school attracted the students offering dummy admissions.
ii. Five attendance registers of class XI and XII (Math and Bio) were brought from outside the school after 03 hours of asking for them. These register were neither signed by the class teacher nor by principal. Also, these registers are different from the one used in the school which is violation of clause 14.19 (c) of the Affiliation Bye Laws, 2018.
iii. In the registers, present in the school some students were mentioned as "Dummy" against their names and these attendance pages were flagged which is violation of clause 14.2.5 of the Affiliation Bye Laws, 2018. iv. AWR Sr. no7 & 8 from session 2019 to 2022-23 the admission serial number started with 6493 to 7740 found in serial by the admission form which were asked to produce in front of the committee were not provided to inspection committee. The register does not mentioned as an AWR which is violation of clause 14 19 (c) of the Affiliation Bye Laws, 2018.
v. The school authorities did not facilitate to verify area of the school my measuring physically in front of the inspection committee. It was felt by the inspection committee that available sports facility is too small for 1400 students which is violation of clause 3.1.3 of the Affiliation Bye Laws, 2018.
vi. The committee found an application dated 1 July, 2022 in attendance register that requested the principal to allow her to be a dummy candidate as she joined Allen 14 Coaching which is violation of clause 14.2 5 of the Affiliation Bye Laws, 2018. The candidate name is Aditi Jangde- Class 11.
vii.A toilet is made by covering a small area using plywood next to the library at the ground floor which stinks throughout the day as confirmed by some students which is violation of clause 4.7.2 of the Affiliation Bye Laws, 2018. The physical condition of class rooms, labs, library and staff room is not up to the mark, At some places staircase do not have railing and hence can cause any serious accidents. Electric Switch Board was open.
viii.No Service book or evidence of qualification of teachers was provided which is violation of clause 5.2.6 of the Affiliation Bye Laws, 2018....."
18. A reply to show-cause notice was submitted by petitioner school on 25.7.2023 explaining that deficiencies, as pointed out in show-cause notice, did not exist. With regard to dummy admissions, it is stated that all such students are registered students of petitioner school. With regard to deficiency pertaining to attendance registers, while admitting delay in production, it is stated that as the Principal was on long medical leave and joined a day before inspection, he could not put his signature and in support thereof, also annexed the relevant documents. Allegation regarding discrepancy in AWR was also denied by producing copy of the same. As regards the discrepancy of land requirement, it is stated by the petitioners that land area where school is situated is sufficient to facilitate 1400 students and documents in this regard were also made available to the Committee. Other discrepancies 15 related to physical infrastructure and staff was also denied mentioning that the Committee wrongly assumed the place to be 'toilet' which is infact store room to keep housekeeping material near girls toilet, which has now been removed also. Physical condition of labs, library, class rooms and overall infrastructure of school is as per requirement of bye-laws and electric switch board was also cured. With respect to deficiency of qualification of teaching staff, the petitioners have enclosed the list of teachers and documentary proof relating to their qualification. In support of contentions in reply, petitioner school has also given video graphic evidence link. At the end, it is also pleaded that if the reply is found non-satisfactory, copy of inspection report may be provided to file detailed reply.
19. Dissatisfied with the reply received, the CBSE, vide order dated 22.3.2024 withdrew the affiliation granted to the petitioner school. The order passed on 22.3.2024 mentions the reason for the penalty of disaffiliation imposed as follows:-
"And whereas, a show-cause notice dated
11.07.2023 was served to the school
communicating the gross violation committed by the school and directing the Manager of the school to submit the explanation in this regard on or before 26.07.2023, a reply dated 25.07.2023 received from the School is vague, evasive and not given proper justification. The reply of the 16 school is not found satisfactory. Therefore, in view of clause established under clause 12.2 of the Affiliation Bye Laws, 2018, the provisional affiliation granted to the school for Senior Secondary School Examination stands withdrawn under the clause 12.1.9 with immediate effect."
20. While passing the order on 22.3.2024, the CBSE has not considered the reply submitted by petitioners to show-cause notice in its entirety. In reply to show-cause notice petitioners replied to allegations mentioned therein pointwise, also filed supporting documents on some of allegations, list of teachers with documentary proof of their qualification etc. In the said reply it is also specifically mentioned that "if the reply is not found acceptable, it is requested that a copy of inspection report may be provided for submission of detailed reply on the observations levelled against our school'. Respondent Board in the order dated 22.3.2024 has not made any discussion of the reply submitted by the petitioners and passed a cryptic order only mentioning that reply received is vague, evasive and not given proper justification, without discussing the allegations / charges and the reply to the same.
21. Petitioner thereafter approached this Court by way of filing writ petition bearing WPC No.1826/2024, which came to be disposed of taking note of clause 13.10 of the Affiliation Bye- laws 2018. Clause 13.10 provides for submission of representation before the Board against the decision taken by 17 the Board of withdrawal of affiliation. After passing of the order dated 24.10.2024 by this Court, petitioner submitted detailed representation before the respondent Board on 30.4.2024. In the said representation also specific plea was taken in Para-15 that along with show-cause notice, the inspection report which was foundation of show-cause notice, was not supplied to the petitioner school. Even after demand, inspection report was not supplied. It was further pleaded that as the inspection report was not supplied to the petitioners, they were not in a position to furnish effective reply and great prejudice has been caused due to non-supply of inspection report dated 22.12.2022, apart from other facts and grounds pleaded therein.
22. In the show-cause notice issued to petitioners, which is based on the report of the Inspection Committee, there was allegation that in the attendance register some students were mentioned as 'dummy' against their names. This was replied by petitioners stating that Aditi Jamgade was present, however, some students were insisting for non-attendance, they have submitted application to their Class Teacher but the school management has not accepted their request. However, the explanation offered was not dealt with and considered neither in the first order dated 23.3.2024 nor in the order passed on the representation submitted by petitioners under Clause 13.10. The authority who has to adjudicate upon the points or allegation is under obligation to consider allegations, 18 reply/explanation of reply and to assign reasons for acceptance or non-acceptance. More so, when the order which is to be passed by the authority is going to adversely affect the person/institution and also having the civil consequences.
23. Natural justice is a persuasive facet of secular law where a spiritual touch enlivens legislation, administration and adjudication, to make fairness a creed of life. In the case of State of Orissa vs. Dr. (Miss) Binapani Dei and others, reported in (1967) 2 SCR 625, Hon'ble Supreme Court has held that the rule requiring reasons to be given in support of an order is, like the principle of audi alteram partem, a basic principle of natural justice which must inform every quasijudicial process and this rule must be observed in its proper spirit and mere pretence of compliance with it would not satisfy the requirement of law. In the landmark case of A.K. Kraipak vs. Union of India, reported in (1969) 2 SCC 262 the Hon'ble Supreme Court has observed that if the purpose of rules of natural justice is to prevent miscarriage of justice, one fails to see why those rules should be made inapplicable to administrative inquiries.
24. In the order impugned passed on the representation submitted by petitioners though four out of many grounds were extracted but not extracted ground of non-supply of inspection report which is also taken in the representation submitted before the 19 respondent Board. With respect to admission of dummy students, it only mentions that report of the Inspection Committee and the documents submitted clearly show that the lot of dummy students were there in the school which is also substantiated by admission and withdrawal register. Neither in the show-cause notice nor in the order the names of those students have been specifically mentioned and further the representation submitted on this point was not considered and not specifically dealt with as to why the pleading made in the representation to controvert the allegation of admission of dummy students is not acceptable.
25. That apart, Clause 11.7. of the Affiliation Bye-laws, 2018 provides for inspection committee. Under Clause 11.7.4 it specifies that the members may ensure that school is inspected on a working day when the actual school teaching is taking place in the school. The inspection may neither be conducted on a holiday nor the students be called in school on a holiday under any circumstances. While making the bye- laws, the respondent Board has kept in mind that the Inspection Committee should inspect the school on working day and in that clause the working day has further been clarified to be a day when actual teaching is taking place in the school. In the case at hand, in the inspection report placed on record by respondent at Page No.25 of reply, there is specific note which is extracted below:-
"Note:- School was having Annual day practice which is scheduled on 23.12.22. So students were given off 20 for class on 22nd /12/ 22. Few students were present for practice."
From the aforementioned note appended in the inspection report it is clear that on the date of inspection i.e. 22.12.2022, actual teaching was not taking place in school, because the students were given off from classes. Thus, from the aforesaid fact available in inspection report it cannot be ruled out that many students or staff might not be present at the time of inspection, because the date of inspection i.e. 22.12.2022, is not the regular school day with teaching going on.
26. Respondent Board while deciding representation of petitioners in its observation has recorded that "there was also reluctance shown by the school in producing documents which also buttress the claim that school wanted to conceal the dummy students" and further observed that "very fact that the school was maintaining different attendance registers creates doubt about the integrity of the school vis-a-vis dummy school admission'. In the show-cause notice there is no mention that the Committee found different attendance registers. If for any reason the Board was of the view that certain documents necessary for taking decision or ascertaining the fact are necessary, it could have issued specific notice in this regard and if after the notice relevant record is not produced and proper explanation is not offered then only adverse inference could have been drawn. In the case at hand, only on the basis of report submitted by the Committee, which was not 21 provided to the petitioners' the observation is made by the Board that there was reluctance shown by the school in producing the documents. Further, the observation made that different attendance registers were made by the petitioners creating doubt about integrity of the school, is not the subject matter / allegation in the show-cause notice. The entire case is based on the show-cause notice, in which certain allegations are made, therefore, passing an adverse order against petitioners can only be within the points/allegations as levelled against the petitioners in the show-cause notice because consideration of points/allegation beyond show- cause notice is in violation of principles of natural justice. Allegations which were not known to petitioners have been taken into consideration.
27. Respondent Board was obliged to deal with the submissions of petitioners made in the reply relating to factual controversy in a broad manner before passing the order of disaffiliation. In the considered view of this Court, while passing the order of disaffiliation, which has effect of economic death of petitioner school, respondent Board ought to have assigned reasons if the submissions of petitioners were found dissatisfactory. Instead respondent No.3 has in a mechanical manner passed the order mainly reproducing the language and verbatim as used in the show cause notice dated 11.7.2023. The order fails to give any reason for rejecting the contentions of petitioners to satisfy the test of reasonableness. It is true that 22 violation or deviation of affiliation bye-laws by affiliated schools, devalues standards of education imparted by schools, but that conclusion requires proper application of mind by respondent CBSE because an order of withdrawal of affiliation seriously impacts not only the school but also the students studying in the school. If a non-speaking order is passed after submission of reply etc., the person affected by adverse order would be at loss to know the reason for the adverse order. Even if the decision is right, the person against whom it was made should be told why the decision has been made. Absence of reasons leads to denial of justice.
28. In the matter of S.N. Mukherjee v. Union of India, reported in AIR 1990 SC 1984, the Hon'ble Supreme Court while dealing with the challenge to the validity of a general Court Martial by the Army, has observed thus:-
"35. The decisions of this Court referred to above that with regard to the requirement to record reasons the approach of this Court is more in line with that of the American Courts. An important consideration which has weighed with the Court for holding that an administrative authority exercising quasi-judicial functions must record the reasons for its decision, is that such a decision is subject to the appellate jurisdiction of this Court under Article 136 the Constitution as well as the supervisory jurisdiction of the High Courts under Article 227 the Constitution and that the reasons, if recorded, would enable this Court or the High Courts to effectively exercise the appellate or supervisory power. But this is not the sole consideration. The other considerations which have also weighed with the Court in taking this view are that the requirement of recording reasons would (i) guarantee consideration by the authority; (ii) introduce clarity in the decisions; and (iii) minimise 23 chances of arbitrariness in decision-making. In this regard a distinction has been drawn between ordinary Courts of law and tribunals and authorities exercising judicial functions on the ground that a Judge is trained to look at things objectively uninfluenced by considerations of policy or expediency whereas an executive officer generally looks at things from the standpoint of policy and expediency."
(emphasis supplied)
29. From perusal of the material on record it is evident that the entire process against the petitioner school was initiated on the basis of report submitted by the Committee constituted by the Board to conduct surprise inspection in petitioner school. However, from perusal of show-cause notice as also its reply, it is clear that report of the Inspection Committee was not supplied to petitioner school. Petitioners in their reply have requested for supply of a copy of inspection report for submitting detailed reply on the observations levelled against petitioner school. However, the respondent No.3 did not take into consideration aforesaid aspect of matter, nor discussed and assigned reason for not considering the ground for supply of inquiry report and proceed to pass the order dated 22.3.2024. The fact about non-supply of report of surprise inspection has specifically been pleaded by the petitioners in writ petition. In the reply filed on behalf of respondent CBSE also, the fact about non-supply of inspection report has not been categorically disputed. Show-cause notice issued to petitioners is based on the report of the Inspection Committee and as such, supply of surprise inspection report was necessary to enable the petitioners to putforth their stand 24 effectively. When the entire action is taken solely on the basis of inspection report then non-supply of the said report to the person against whom proceedings are to be carried out necessarily constitutes miscarriage of justice inasmuch as he has a right to receive all the material which constitutes the charge/ allegations against him enabling to respond to the charges adequately and defend effectively. Thus, the requirement to serve a copy of inspection report upon the noticee enabling him to show-cause, is an important facet of natural justice. Hence, in the given facts of the case, non- supply of inspection report to the petitioners has resulted in violation of principle of natural justice.
30. For the foregoing discussions and reasons that the petitioners were not served with the inspection report, which is the basis for issuing show cause notice, the first order of withdrawal of affiliation dated 22.3.2024 was a non-speaking and cryptic order, representation which was submitted was not considered in its entirety, the consideration was given also to the points which were not subject matter of show-cause notice and it was considered to affirm serious allegations of admitting dummy students and ground for de-affiliation, as concluded by the respondent Board in its order Annexure P-1 dated 7.5.2024, inspection was not conducted on a actual teaching day, in the opinion of this Court, the order Annexure P-1 is not sustainable. Accordingly, it is hereby set aside. However, the respondent Board will be at liberty to take a decision afresh 25 against the petitioners following due process of law in accordance with the Affiliation Bye-laws 2018, providing them opportunity to submit reply to show-cause notice after supply copy of inspection report and documents.
31. No order as to costs.
Sd/-
(Parth Prateem Sahu) Judge roshan/-