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2. The writ petition was first amended on 29.11.2018 seeking relief against the State and its Educational Authorities, who were also sought to be impleaded as additional respondents 3 to 5. Obviously, W.A No.288/2019& WP(C) 37781/2018 ::6::

this move was on the realization that the petitioner lacked recognition from the State, which was a compulsory mandate to apply for affiliation with the CBSE. Again, the additional 6th respondent was impleaded by order dated 30.11.2018; who is the Principal of a School affiliated to the CBSE who expressed his willingness to take in the 14 students to Standard IX, subject to approval of the CBSE. The learned Single Judge passed an interim order dated 30.11.2018 directing the CBSE to allow registration of the students for the academic year 2019-2020 in Standard X. The CBSE filed Writ Appeal specifically contending that there could be no such admission made in Standard X nor the students transferred to Standard IX of an affiliated School at the fag end of the academic year; pointing out that the same would be against the Affiliation Bye-laws 1998 and 2018 as also the Examination Bye-laws of 1995; both brought out by and applicable to, the CBSE.
remain as not complied by the petitioner; putting to serious peril the claim for affiliation by the CBSE.
22. On the requirement of recognition, as rightly pointed out by the learned Standing Counsel, Section 18 of the RTE Act mandates a recognition obtained from the State Government as a pre-requisite for the purpose of establishing a School within the State. We notice that even prior to the RTE Act, which was enforced in the year 2010, the CBSE Affiliation Bye-laws of 1998 required every School seeking affiliation with the Board to have prior recognition of the State/Union Territory Government as per Clause 3(1) of Chapter II of the Bye-laws of 1998. In addition to this, the application had to be forwarded by the State Government or with a No-objection Certificate from the Government. Though the application was forwarded with a No-objection Certificate of the State Government, admittedly there is no recognition as obtained from the State Government. The petitioner-School has a contention that they have applied for such recognition, which obviously has not been granted till date. We also W.A No.288/2019& WP(C) 37781/2018 ::33::
notice that the RTE Act applies to Schools imparting elementary education as per definition Clause 2(n) and defines elementary education in Clause (f) as education from 1st Class to 8th Class. This is in consonance with the norms of affiliation of the CBSE, which also defines affiliation as meaning 'formal enrollment of a School among the list of approved Schools of the Board following prescribed/approved courses of studies up to Class VIII as well as those preparing students according to prescribed courses for the Board's Examinations'(sic). The CBSE affiliation norms also provides a classification in so far as the elementary education, from I to VIII Standards and the Secondary Education consisting of the IXth and Xth Standards with the Higher Secondary Education consisting of the XIth and XIIth Standards. Hence, the contention of the CBSE that the admission to the IXth Standard has to be only after a qualifying examination or an equivalent qualifying examination of a recognized elementary education having been completed from the 8th standard.

29. We respectfully bow to the declaration of law made by the Hon'ble Supreme Court in the aforecited decisions. The admission to the IXth standard in a CBSE affiliated school can only be made if the student has appeared for the VIIIth standard examination and qualified from an affiliated school either under the CBSE or any other recognized Board or the Education Department of the State Government. No such recognition W.A No.288/2019& WP(C) 37781/2018 ::46::