Indian Kanoon - Search engine for Indian Law

(c) CBSE's argument as to breach of condition No. 4 of the affiliation is misconceived as this is not a case of transfer of property / sale of school by one society / management to another... Moreover, permissive use by way of a leave and license agreement does not amount to transfer of land. The correct applicable clause is 14.23 which while not contemplating any prohibition, requires change in the Board records, which too is only in respect to any portion of the land which has been taken on record by the Board at a time of grant of affiliation. CBSE's order is perverse and suffers from non- application of mind. For instance, in disbelieving the School's position that the land licensed to the religious institution was not part of the land allocated to the School, it relies upon an assertion in the State Education Department's report of 22.11.2019 that several misrepresentations were made regarding the title and status of land (Recital 2 at Pg. 77). Clearly, irrespective of the correctness or otherwise of this assertion, it does not establish that the land allocated to the School, was given to the religious institution.

(c) Clause 2 of CBSE Affiliation Bye-Laws of 1998, categories for which affiliation may be considered. Clause 3 contemplates conditions for these 4 categories. The Petitioner was not granted affiliation under any of these categories, but under switch over category. NOC is not a requirement for this category. Additionally, as NOC is to obviate dual affiliations, in the instant case since the State Recognition was only till Class VIII while CBSE affiliation was for Secondary School Examination, i.e. class IX and X, there was no overlap and no requirement of NOC.

• CBSE v. Tushar Welfare Society 2005 SCC OnLine Del 1338 at Paras 36, 37, 45, 46, 48, 61, 66 - This judgment has been confirmed in appeal by a three- judge bench of the Supreme Court in Independent Schools Federation of India v. CBSE SLP (C) No. 6030/2006.

7.6 Summing up his conclusions, Mr. Shelat submitted that the School has by way of brazen suppression of material facts from the Court and by playing fraud, forgery and misrepresentation on the CBSE approached this court to correct the wrongs that have been committed by them in gross violation of rules and regulations. The school which is found to have been not eligible for CBSE affiliation has made deception and fraud for getting the affiliation of CBSE and have disentitled itself from continuing CBSE affiliation and therefore when CBSE after giving Show Cause Notice and opportunity to reply, and due consideration of such illegal and condemnable statutory breach of affiliation bye-laws of CBSE by the Petitioner School and its management, has passed appropriate order dated 30.11.2019/01.12.2019 withdrawing the affiliation of CBSE fraudulently obtained by the School, the School with such unclean hands is not entitled to seek writ of this Court or any other relief as prayed for.

8.2 Ms. Shah submitted that on 20.10.2010, the application of the petitioner seeking affiliation from the CBSE was rejected on the ground that the NOC was not submitted. On 01.10.2011, when the State sought further documents from the Gujarat Board and the Board in turn demanded such documents, the school applied for a fresh NOC on 21.11.2012. That application was rejected on 04.02.2012 on the ground that the petitioner did not have NA permission. The principal of the school sought recommendation from the Minister on 08.02.2012. The State Government rejected that proposal for provisional NOC on 28.03.2012. She submitted that it is surprising that though the affiliation by the CBSE was rejected on 20.10.2010, and the proposal for NOC was rejected on 04.02.2012 and 28.03.2012, formal affiliation was granted by CBSE on 08.08.2012. This affiliation was granted pursuant to an application dated 21.06.2010 when that application was infact rejected on 20.10.2010.