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52. On the basis of what has been noted above, it is apparent that the Board overlooked the proviso to sub- Regulation (3) and sub-Regulation (4) of Regulation 3 of the Regulations while taking impugned decision. The impugned actions of the Board in cancelling/withdrawing affiliations of the petitioner schools stand vitiated for the said reason also.

53. On the basis of discussion, as above, I conclude as follows:-

(i) The decision to withdraw affiliations cannot be said to have been taken by the Board, as discussed hereinabove and for that reason, the impugned orders of cancellation of affiliation cannot be sustained.

(ii) In breach of mandatory requirement under Section 10C of the Act, orders of withdrawal of affiliation have been issued, without recommendation of the Committee of Affiliation, constituted under Section 10B of the Act. As a matter of fact, the matters relating to cancellation of affiliation were never placed before the Committee. This is another reason why impugned orders of cancellation of affiliation have become vulnerable.

(iii) In any view of the matter, the Board has apparently overlooked the proviso to sub-Regulation (3) and sub-Regulation (4) of Regulation 3 of the Regulations and on this count also, the impugned action of the Board deserves interference.

54. Consequently, the orders impugned in the present batch of writ applications withdrawing affiliations of the respective schools/colleges are hereby set aside.

55. In the present batch of cases, the affidavits have been filed on behalf of the petitioners giving an undertaking that they shall remove all the deficiencies and fulfill the conditions of affiliations within different periods of time mentioned therein. The Court expects the Board to consider individual cases of the schools and if it is found permissible, allow them time to remove such deficiencies in terms of proviso to sub-Regulation (4) of Regulation 3 of the Regulations. The Board, for the said purpose, will be required to undertake the exercise afresh to ascertain whether these schools fulfill conditions of affiliation or are in a position to overcome the deficiencies. A positive and constructive approach, if taken by the Board, may have good results in larger public interest. The Board, while taking any decision, must keep in mind whether Government schools and Government aided schools do have the infrastructure and teaching facilities to meet the standards of conditions for affiliation.

56. Before I part with, I must take note of the third proviso to Section 10C of the Act, which states, inter alia, that before withdrawing affiliation, the students admitted in such schools or institutions shall be allowed to complete their academic sessions and appear at the next examination conducted by the Board. I direct the Board not to overlook the said provisions in any case. The language of third proviso to Section 10C of the Act is enough indication that the Board does not have power to suspend, with immediate effect, affiliation of a school and the said power cannot be said to be inherent in the Board.