Delhi High Court - Orders
Shailendra Kumar Singh vs Central Board Of Secondary Education on 15 November, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~5 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1726/2020 & CM APPL. 16445/2020
SHAILENDRA KUMAR SINGH ..... Petitioner
Through: Mr. Shailendra Kumar Singh,
Petitioner in person.
versus
CENTRAL BOARD OF
SECONDARY EDUCATION ..... Respondent
Through: Ms. Seema Dolo, Advocate
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 15.11.2021 The proceedings in the matter have been conducted through video conferencing.
1. The prayers in the present writ petition are as follows:
"1. to issue an writ of mandamus to the respondent no 1 to give clear direction to use NCERT Text Books only as main text book for curriculum in CBSE affiliated schools failing which the applicant shall suffer irreparable loss and injury.
2. to issue appropriate direction in matter of admission to CBSE affiliated schools with view that if students needs to be admitted as per criteria set by RTE act or some other way.
3. to issue appropriate direction to respondent no. 1 for readmitting student in CBSE affiliated school on order of any authority, where student debarred by school for any reason.
4. to issue an writ of mandamus to the respondent no 1 to audit irregularities reported against respondent no1 affiliated school (CBSE Affiliation number:Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:16.11.2021 12:54:52 W.P.(C) No. 1726/2020 Page 1 of 4
2132548) which is having so many irregularities reported including exorbitant fee.
5. to issue an writ of mandamus to strike down amendments made in CBSE bye laws to extent where CBSE need to be responsible and accountable for its affiliated schools and ensure strict adherence of bye laws rules and regulation of CBSE and state government.
6. to issue writ of mandamus to respondent no1 to clearly define liabilities of respondent no. 1 due to damages caused by CBSE affiliated schools including damage caused due to using books by its affiliated schools, which are not approved by appropriate authority.
7. to issue writ of mandamus to respondent no1 to not allow any advertisement of its affiliated schools and take strict disciplinary action against school violating same.
8. to issue writ of mandamus to respondent no1 to remove mandatory minimum land requirement to affiliate any school with CBSE.
9. to issue writ of mandamus to respondent no1 to remove clause of minimum 1 square meter per student as there is no social distance direction in India.
10. to issue appropriate direction to respondent no1, to make clear rules and regulation on communication and its timeline between CBSE affiliated schools and parents, including action to be taken in cases where CBSE affiliated school do not respond with appropriate details within reasonable timeline to parents.
11. to issue appropriate direction to respondent no 1, in cases where CBSE affiliated schools violates rules and regulation set by CBSE, state government or any public authority.
12. to issue such further order/s to respondents as this Signature Not Verified Hon'ble court may deem fit and proper in the facts Digitally signed By:SHITU NAGPAL Signing Date:16.11.2021 12:54:52 W.P.(C) No. 1726/2020 Page 2 of 4 and circumstances of the case."
2. The petitioner's daughter is a student in Indirapuram Public School, Ghaziabad ["the School"], which has not been made a party to the present writ petition. The petitioner had also filed W.P.(C) 6007/2019 with regard to various grievances against the School and the respondent- Central Board of Secondary Education ["CBSE"]. That writ petition was dismissed by an order of this Court dated 04.06.2021 on the ground that the petition ought to have been filed before the Court having jurisdiction over the School. The petitioner has filed LPA 243/2021 against the said judgment, in which the Division Bench has issued notice on 12.10.2021. The matter remains pending before the Division Bench.
3. In the meanwhile, I find that various generic prayers have been made in this writ petition which are not directed towards any relief claimed by the petitioner for his daughter. Mr. Shailendra Kumar Singh, the petitioner appearing in person, states that he does not intend to proceed with this petition as a Public Interest Litigation. In such a situation, the petitioner has to identify the specific relief claimed for the benefit of his daughter, rather than to seek general directions for the respondents to act or not act in a particular manner. Some of the reliefs claimed in the writ petition and CM APPL. 16445/2020 filed by the petitioner appear to overlap with the grounds and reliefs claimed in W.P.(C) 6007/2019. For example, the issue regarding admission of the petitioner's daughter in the School, which is agitated by way of prayers 2 and 3 quoted above, was also part of W.P.(C) 6007/2019.
4. In these circumstances, it is not possible to adjudicate the present writ petition on the basis of the pleadings and prayers contained in the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:16.11.2021 12:54:52 W.P.(C) No. 1726/2020 Page 3 of 4 petition, as presently constituted.
5. Mr. Singh seeks permission to file an application for amendment of the writ petition. He is permitted to do so, including amendment of the parties, averments and prayers, as he may consider appropriate. The issue regarding validity of online classes raised by the petitioner in CM APPL. 16445/2020 may also be included in the amended comprehensive writ petition. If the petitioner seeks to challenge any bye- laws or regulations issued by the CBSE, said bye-laws or regulations will be specifically identified, so that the Court may consider the petitioner's prayers appropriately.
6. List on 09.02.2022.
PRATEEK JALAN, J NOVEMBER 15, 2021 'hkaur' Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:16.11.2021 12:54:52 W.P.(C) No. 1726/2020 Page 4 of 4