Karnataka High Court
M/S. Bolleneni Gurappa Sunitha ... vs Central Board Of Secondary Education ... on 24 January, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:3363
WP No. 25599 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 25599 OF 2023 (EDN-RES)
BETWEEN:
M/S. BOLLENENI GURAPPA
SUNITHA EDUCATIONAL TRUST,
A REGISTERED TRUST HAVING
ITS OFFICE AT NO.38,
6TH CROSS, III BLOCK,
THYAGARAJANAGAR,
BENGALURU-560 028.
REP BY ITS CHAIRMAN,
DR. G. GURAPPA NAIDU.
...PETITIONER
(BY SRI JAYAKUMAR S.PATIL, SR.COUNSEL FOR
SRI RAJENDRA KUMAR SUNGAY T.P., ADVOCATE)
AND:
1. CENTRAL BOARD OF SECONDARY
EDUCATION (CBSE)
AN AUTONOMOUS ORGANIZATION
Digitally signed by UNDER MINISTRY OF EDUCATION,
MOHANKUMAR M
GOVERNMENT OF INDIA,
Location: High "SHIKSHA KENDRA", 2,
Court of Karnataka
COMMUNITY CENTRE,
PREET VIHAR, DELHI-110 092,
REP. BY ITS CHAIRPERSON.
2. CENTRAL BOARD OF SECONDARY
EDUCATION (CBSE)
AN AUTONOMOUS ORGANIZATION
UNDER MINISTRY OF EDUCATION,
GOVERNMENT OF INDIA,
'SHIKSHA KENDRA', 2,
COMMUNITY CENTRE,
PREET VIHAR, DELHI-110 092,
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NC: 2024:KHC:3363
WP No. 25599 of 2023
REP. BY ITS DEPUTY SECRETARY/
JOINT SECRETARY (AFFILIATION)
...RESPONDENTS
(BY SRI M.R.SHAILENDRA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT
RECORDS FROM THE RESPONDENTS AND QUASH THE
COMMUNICATION BEARING NO.CBSE/AFF/SL-90854-2324/2023-
24 DATED 26.10.2023 ISSUED BY RESPONDENT NO.2 VIDE
ANNEXURE-P AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following relief:
"Wherefore, it is respectfully prayed that this Hon'ble Court be pleased to call for relevant records from the Respondents and;
i) Issue a writ in the nature of Certiorari to quash the Communication bearing No.CBSE/AFF/SL-
90854-2324/2023-24 dated 26.10.2023 issued by the respondent No.2 vide Annexure-P and;
ii) Direct the Respondents to reconsider the case of the petitioner for grant of fresh Affiliation up to secondary level pursuant to the recommendations made by review committee report dated 10.10.2023 (vide Annexure-N) forthwith and grant affiliation for the academic year 2023-24 and;
iii) Grant such other relief/reliefs as this Hon'ble Court deems fit to grant, in the circumstances of the case, in the interest of justice and equity." -3-
NC: 2024:KHC:3363 WP No. 25599 of 2023
2. Sri Jayakumar S.Patil, learned Senior Counsel appearing for Sri T.P.Rajendra Kumar Sungay, advocate for petitioner submitted that with objective of imparting quality education, petitioner a Charitable Trust which established "BGS Bloom Field" school for Standards I to IX after obtaining permission from concerned authority. It was submitted that petitioner-Trust had filed an application under provisions of Karnataka Education Act before Deputy Director (Admn), Department of Public Instructions, Bengaluru South as per Annexure-D on 20.08.2020. It was submitted that petitioner had put up school building consisting of 24 class rooms, which was inspected by public works department and Chief Fire Officer, Bangalore and issued building safety and fire safety certificates. Thus all infrastructural requirements were met by petitioner. It was submitted that since petitioner intended to affiliate institution with respondent-Board, it filed application on 02.03.2023 online in SARAS portal of respondent as per Annexure-J. It was submitted that in pursuance of said application, Committee of respondent inspected petitioner- institution on 21.08.2023 and submitted a report as per Annexure-K pointing out two deficiencies. It was submitted -4- NC: 2024:KHC:3363 WP No. 25599 of 2023 that, petitioner complied with deficiencies and sought for review. In pursuance of same, review committee re-inspected petitioner-institution on 03.10.2023 and submitted report as per Annexure-N, pointing out altogether new deficiencies, some of which were flimsy. Based on same, petitioner was issued with rejection endorsement as per Annexure-P dated 26.10.2023 by referring to Circular produced as Annexure-Q. It was submitted that petitioner-institution has got following strength of students in classes I to IX:
Standard Strength Sections 1st 80 2 2nd 79 2 3rd 81 2 4th 40 1 5th 40 1 6th 33 1 7th 32 1 8th 18 1 th 9 27 1
Thus it has total of 430 students admitted in 12 sections. It was submitted that during pendency of this writ petition, petitioner submitted an affidavit on 16.01.2024 stating that even deficiencies pointed out in impugned rejection -5- NC: 2024:KHC:3363 WP No. 25599 of 2023 endorsement at Annexure-P were also rectified. It was submitted insofar as observation that school was running 16 Sections and had violated affiliation bylaws, would not stand to reason as Circular at Annexure-Q addressing violation insofar as optimum number of students per section and allowed rectification within three academic years i.e. by academic year 2025-26. Said exemption taking note of exceptional circumstances during Covid-19 pandemic would apply to petitioner also.
3. Learned Senior Counsel submitted that petitioner had filed a further affidavit stating that petitioner-institution is currently running classes in total of 12 sections and not 16 as stated in impugned order. It was submitted as noted by inspection committee, each of 20 class rooms were of more than 500 sq.ft. (in fact 516 sq.ft. each) and thus there was no violation of ratio of 1.2 sq. mtrs. of built up area per student as insisted in Circular at Annexure-Q. It was submitted that petitioner would give an undertaking to respondent-board to bring down number of students admitted in each standard to less than 40 within next two academic years so as to bring institution in complete conformity with Regulations. It was -6- NC: 2024:KHC:3363 WP No. 25599 of 2023 submitted that excess admissions in Classes I to III were during Covid-19 pandemic and steps would be taken for rectification. It was submitted that in view of above circumstances, impugned endorsement would not be justified and sought for its quashing and issuing direction to reconsider petitioner's application for affiliation up to Secondary Level.
4. On another hand, Sri M.R.Shailendra, learned counsel for respondents sought to oppose writ petition. It was submitted that Chapter 10, Rule 10.1.4 of Affiliation Bylaws mandated that no school would be permitted to admit students in CBSC pattern classes IX to XII during pendency of application for affiliation, without obtaining formal grant of affiliation. It was admitted that since petitioner had already admitted students for Class IX during pendency of application, in violation of bylaws, petitioner was not entitled for relief. It was further submitted that reliance sought to be placed on Circular at Annexure-Q would be misconceived as same was applicable to existing Affiliated Institutions and not to institutions who were seeking affiliation and on said ground sought for dismissal of writ petition.
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NC: 2024:KHC:3363 WP No. 25599 of 2023
5. Heard learned counsel and perused writ petition papers.
6. From above, it is seen that petitioner's application for affiliation to respondent-board was rejected on ground of certain deficiencies. It is however seen that as on today, petitioner claims to have complied with all deficiencies pointed out, even those raised for first time under Annexure-P. Only compliance pending would be about petitioner having admitted excess students in Standards I to III, which would be set right as undertaken. It was clarified that it does not intend to seek affiliation for two sections in each class & was restricting its application for only one section in each Standard as excess admission in Classes I to III, was during Covid-19 pandemic, when parents admitted their children to nearest school available. Petitioner has undertaken to rectify same by bringing down strength to below 40 in each class within two academic years.
7. Thus rejection of petitioner's application under existing situation would not be fully compliant with infrastructural requirements as mandated by affiliation -8- NC: 2024:KHC:3363 WP No. 25599 of 2023 regulations, but same are considering case of petitioner's application for two sections in each standard, which is not intended. If application is reconsidered for one section in each class, infrastructural requirements would be met including mandatory requirement of 1 sq.mtr. of built up area per child in class rooms, as per circular dated 02.08.2023 at Annexure-Q.
8. Since excess admissions in classes I to III is during Covid-19 pandemic, benefit extended by respondent-board to affiliated schools could be extended to petitioner-institution also especially as ration of infrastructural requirement per student is maintained and petitioner has undertaken to bring down student strength in each class to not more than 40.
9. Insofar as admission to class IX before grant of affiliation by respondent-board, same would not be a material violation and could perhaps be compounded by collecting fine.
10. Thus, reasons stated in Annexure-P would not sustain, consequently, Annexure-P is quashed. Respondents are directed to reconsider petitioner's application for grant of affiliation for academic year 2023-24 in accordance with law -9- NC: 2024:KHC:3363 WP No. 25599 of 2023 within a period of four weeks, if necessary by carrying out re- inspection for purpose of confirming compliance.
Petitioner to submit a hard copy of affidavit undertaking with regional office of respondent-board within one week and upload soft copy, as and when portal is open.
Accordingly, writ petition is disposed of.
Sd/-
JUDGE PGG