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18. Dr. Khan's further submission is that the management structure of the schools clearly show that they are subject to the CBSE's overarching supervision. As per the CBSE bye-Laws, CBSE exercises control even on unaided schools.

19. Dr. Khan further relies upon the CBSE affiliation bye-laws 2018, especially Clause 15.9, to argue that CBSE's argument that it is not concerned with any aspect of the school prior to grade 9th is not correct. He submits that insofar as grades 1st to 5th are concerned, if the school is affiliated to CBSE for grades 6th to 12th, then CBSE conducts inspection for affiliating it for grades 1st to 5th as well. Further, a fee is also taken by the CBSE, for the same. Thus, the Affiliation Bye-Laws 2018 clearly show that the CBSE supervises schools not just at the higher level but also from the lower grades i.e., from class 1 onwards. Finally, ld. counsel points out that in the CBSE bye-laws, the jurisdiction is stated to be only with the courts in Delhi, as per clause 18.3.2. He then points out the charter for IIS Parents, Indian International School in KSA, to argue that the Ambassador of India in Saudi Arabia is the patron-in chief of the school, and therefore there is an absolutely close connection with India.

31. The ground on which the challenge is being raised before this Court is that the school is affiliated to CBSE. The school is stated to be sponsored and governed by the Indian Embassy in Saudi Arabia and the effective control and management of the school is with the Indian Embassy. The Indian Ambassador in Saudi Arabia is the patron in-chief of the school. The main submission of the Petitioners is that the school being affiliated with CBSE, any irregularity in the school can be adjudicated before this Court. It has further been submitted that the Ambassador and other officials of Indian Embassy enjoy diplomatic immunity, and cannot be subjected to the jurisdiction of the Courts in Saudi Arabia. Further, the issuance of the Transfer Certificates on the ground of alleged misconduct by the father of the Petitioners is submitted to be arbitrary and illegal. Finally, it has been urged that the same being discriminatory qua the Petitioners, the Transfer Certificates issued by the school deserve to be quashed.

41. In the present case, the School operates under the administration and rules and regulations framed by the Department of Education, KSA. The qualifications of the teachers would also have to be prescribed by the same body. Pay, salary and allowances are also governed by the local administration. The School Management Committee is established as per the local laws. Further, the finance and accounts would also be as per the application of the laws of the country where the school is situated. Thus, the CBSE itself recognizes that the primacy is of the local administration of the country where the school is located. It is only after the said conditions and terms having been satisfied, that the CBSE can even consider the application for affiliation. There are certain requirements for CBSE to grant affiliation to a particular school in terms of the local requirements i.e. land requirement, physical infrastructure requirement, staff, financial resources, fees, school management committee, etc. On the inspection of a local school, all these conditions would be required to be satisfied, however in case of foreign schools, the requirements that are to be satisfied are those prescribed in the country where the school is located.

42. The CBSE may inspect the school for the purpose of granting affiliation for higher grades i.e. 10th and 12th, however, the same would not mean that the school itself is governed by the CBSE or by the Indian Ambassador stationed in Saudi Arabia.

43. The grievances raised in the present case do not relate to affiliation with CBSE but relate to the management and administration of the school. The school is under the direct control of the management committee of the school as also the Council, Department of Education, KSA. Any allegations raised against any staff member of the school would not come under the jurisdiction of the CBSE or under the supervision of the Indian Ambassador. The allegation of mis-management of the school or any other mis- demeanours by any office bearer in the school would have to be dealt with, only in accordance with local laws.