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11. Having thus reminded ourselves of the law on the point, we revert to the case on hand. In the Division Bench decision of this Court referred to in the reference order, that is, Sommy Kunjappan (Supra), this Court was called upon to consider the question whether disciplinary action initiated by the management against the erring teachers in a school affiliated to the CBSE could be called in question by them in a proceeding under Article 226. The question was referred to the Division Bench in view of the conflict between various decisions of this Court with specific reference to the schools affiliated W.P.(C)Nos.8036 of 2020 and 5925 of 2021 to the CBSE. It noticed that a school affiliated to CBSE does not require recognition from the State Government under the Kerala Education Act, 1958 (the KEA). But such a school requires recognition from the State Government under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act) read with Rule 14 of the Right of Children to Free and Compulsory Education Rules, 2010 (the RTE Rules) on application made. The Bench held that a school affiliated to the CBSE imparting elementary education under the RTE Act is an 'authority' amenable to the writ jurisdiction of this Court. After scanning through Sections 21, 24 and 38 in the RTE Act and Rule 19 of the RTE Rules, it was noticed that service matters, orders of suspension from service and all penalties under disciplinary proceedings initiated by the School Management have been specifically excluded from its purview. Hence it held that there is no statutory provision either in the RTE Act or in the RTE Rules relating to disciplinary action, the infraction of which alone would clothe the writ court with jurisdiction.

13. In the light of the dictum in Jigya Yadav (Supra), the CBSE Affiliation Bye-laws, 2018 referred to and relied on by the petitioners in both the writ petitions, have statutory force and hence the terms/stipulations contained therein, if violated or not complied with by person(s) or authorities bound by it, can be enforced by an aggrieved person by initiating proceedings under Article 226, provided the conditions referred to herein above are satisfied. However, the Service Rules or other Rules made by a school affiliated to the CBSE in compliance with the stipulations contained in the W.P.(C)Nos.8036 of 2020 and 5925 of 2021 Byelaws cannot be enforced by resorting to the writ jurisdiction under Article 226, as it is purely contractual and as there is no public law element involved. The writ jurisdiction cannot be invoked to enforce a contract of personal service, which contract includes matters relating to service of an employee, that is, confirmation, pay, suspension, termination etc. However, writ jurisdiction can certainly be invoked when there is a complaint of violation of the provisions of the RTE Act or the RTE Rules.

(iv) issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd and 4th respondents to act against the school in accordance with CBSE affiliation Byelaws.

(v) pass such other order or direction as this Honourable Court may deem fit and proper in the interest of justice."

17. It was submitted by the learned Senior Counsel appearing for the petitioner that reliefs (i) and (ii) are not pressed. Therefore, the first question raised in the reference order as to whether a writ petition with a prayer to consider a request made by a teacher before a School Management Committee (SMC), which according to the CBSE is statutory in nature, is maintainable, does not arise for consideration in this petition and so we are not going into the same. We are only considering relief no.(iii) and (iv) sought in the writ petition.

18. According to the petitioner, conditions stipulated in the CBSE affiliation Bye-laws have been violated by the first respondent School and so W.P.(C)Nos.8036 of 2020 and 5925 of 2021 the CBSE is bound to take action against them. Various provisions in the Bye- laws are - Chapter 2 of the Bye-laws deal with the norms for affiliation. Clause 2.3.3 dealing with the SMC says that subject to the relevant provision in the Education Act/Rules of the appropriate government, every school should have a scheme of management. It should also have a SMC as stipulated under RTE Act and as per provisions contained in the Bye-laws. Clause 2.4 says that post affiliation, a school is to fulfill the requirements specified in clauses 2.4.1 to 2.4.14 before starting classes on the CBSE pattern as per the conditions laid down in the affiliation grant letter and the session mentioned therein. Clause 2.4.1 says that the staff and service conditions shall be as per the provisions contained in Chapter 5. Clause 5.3 of Chapter 5 says that the school shall define the service rules of teaching and non-teaching staff on the lines of the service rules of the employees of the appropriate Government. The service rules are to be approved by the SMC and the Trust/Society/Company running the school shall invariably have specific and well documented provisions in respect of the matters referred to in 5.3.1 till 5.3.23 which inter alia includes provisions for representations to the school management (Clause 5.3.12) ; Disciplinary procedure: Suspension and Reinstatement (Clause 5.3.20) ; W.P.(C)Nos.8036 of 2020 and 5925 of 2021 Constitution of Disciplinary Committee(Clause5.3.21); Penalties (Minor and Major), Powers of imposing Penalties and Procedure of imposing penalties; Payment of Pay and Allowances on Reinstatement (Clause 5.3.23) etc. 18.1. Clause 8.1 in Chapter 8 dealing with the SMC, says that all the schools affiliated to the Board shall have a SMC as stipulated in RTE Act, any other enactment or regulation framed by the State/Appropriate Government. The composition of the SMC is provided for in clause 8.2. Clause 8.4 dealing with the powers and functions of the SMC says that, subject to the overall control of the Society/Trust/Company, the duties, powers and responsibilities of the SMC shall include but is not limited to the matters contained in clauses 8.4.1 to 8.4.15. Clause 8.4.14 says that the SMC shall look into the grievances of the teachers and staff in connection with their service conditions, pay etc. and dispose such grievances in accordance with the applicable rules. Chapter 12 dealing with penalties say that, if a school is found violating the provisions of the affiliation Bye-laws of the Board or does not abide by the directions of the Board, the Board shall have the powers to impose the penalties provided in clause 12.1.1 to 12.1.10, which include written warning; imposition of fine; suspension or withdrawal of affiliation etc. Clause 12.2 says that the Board W.P.(C)Nos.8036 of 2020 and 5925 of 2021 may impose all or any of the penalties mentioned in clause 12.1 on any school in the cases referred to in clauses 12.2.1 to 12.2.9, which inter alia include established violations of the conditions laid down in the affiliation Bye-laws. Chapter 13 provides for the manner in which the penalties have to be imposed.