- (1.) SUNIL Ambwani, J. Heard Shri P. N. Saxena, Senior Advocate assisted by Shri Y. K. Saxena for the petitioner. Shri H. N. Pandey appears for Central Board of Secondary Education.
(2.) BY this writ petition, the Committee of Management of 'dr. S. Radha Krishnan Public School 170 Court Road, Mainpuri' through its Manager Shri Prashant Shukla and Shri Prashant Shukla in his capacity as Manager of the School having office at Lane No. 13, Narain Nagar, Mainpuri, have prayed for a writ of certiorari quashing the orders dated 5-9-2006 and 12-8- 2005, passed by Joint Secretary (Affiliation) Central Board of Secondary Education, New Delhi-respondent No. 3; as well as the order dated 4-8-2006 passed by the Regional Officer, Central Board of Secondary Education respondent No. 4, by which the provisional affiliation granted to the school was withdrawn with immediate effect, with an advice to the school not to take any fresh admission from academic session-2005 onwards. The Board allowed the students of classes IX, X, XI and XII to appear in the Secondary and Senior Secondary Examinations to be held in 2006 and 2007. The brief facts, given in the writ petition, are that, the Central Board of Secondary Education, New Delhi (CBSE) granted provisional affiliation to the school w. e. f. 1-4-1995 to 31-3- 1997. The provisional affiliation to Senior School Certificate Examination (Intermediate) was given to the school w. e. f. 1-4- 1997 to 31-3-2000. The provisional affiliations were granted subject to the conditions given in the Affiliation Bye-Laws of CBSE. In the application for grant of provisional affiliation the name and official address of the Manager/president/correspondent/chairman of the school in column-1 (vi) was described as 'shri Prakash Chandra Shukla, Lane No. 13, Narayan Nagar, Mainpuri 205001'. The name of the Trust/society/managing Committee running the school was described in column-1 (iv) as "dr. S. Radha Krishnan Public School Kutchehari Road, Mainpuri-205001", and the name of the school was described as 'dr. S. Radha Krishnan Public School Mainpuri (U. P.) Lane No. 13, Narain Nagar, Mainpuri- 205001'. In all the correspondence, exchanged between the school and the CBSE and in the provisional affiliation letter dated 17- 7-1997 for Senior School Certificate Examination (Class XI and XII), the address of the school is described as 'lane No. 13, Narain Nagar, Mainpuri'. A Civil Suit No. 77 of 2001 was filed, by 'shri Prakash Chandra Shukla, aged about 60 years, resident of House No. 147, Gali No. 13, Punjabi Colony (Narayan Nagar) Mainpuri, presently residing at 120/124 'y' Block Kidvai Nagar, Kanpur,' against his wife Smt. Shila Shukla, aged about 51 years resident of 147 Gali No. 13 (Narain Nagar) Punjabi Colony, Mainpuri, for a declaration that the plaintiff is full owner and in possession of the suit property. The plaintiff alleged that he is an Advocate, enrolled with the U. P. Bar Council and is practising at Mainpuri and Kanpur. The defendant is his wife. He loved his wife and with all the love and affection towards her, he purchased the suit property by registered sale-deed dated 19- 1-1972 in her favour. Prior to his joining the profession he was serving as a teacher in 'dr. S. Radhanand Inter College, Mainpuri' and thereafter enrolled himself as an Advocate. The defendant had no source of income. The plaintiff started a school in the name of 'dr. S. Radha Krishna Senior Secondary Public School' recognised by CBSE, Delhi in the suit property, which has now been transferred on account of family disputes at 5/121 Awas Vikas Colony, Mainpuri. The parties have a son and a daughter, who are not in good company and have neglected the plaintiff. Their relations have turned sour and cases were filed between them. The plaintiff apprehends that the defendant may transfer the property and instead of a benamidhar she may misrepresent her to be the true owner of the property. The suit valued at Rs. 16 lacs for land and constructed building, appears to be still pending.
(3.) IT appears that on the complaints dated 24-1-2003 and 6-10- 2003 that the school is running at two sites from Class-I to VIII at Punjabi Colony and Class IX to XII at Narain Nagar, Mainpuri, the CBSE caused inspections and wrote a letter to the school on 19-11-2003 to shift the entire classes at one site fulfilling the requirement of two acres campus area. The Principal was requested to immediately shift the entire classes upto 31-3-2004 and submit an affidavit to the effect that no branch or part of the school is running at old site, failing which the request of the school for extension beyond 31-3-2004 will not be allowed. In reply, Shri Prakash Chandra Shukla, describing himself to be Manager of the school, wrote to the Joint Director (Affiliation) that the primary school from Classes I to VIII running at Punjabi colony has now been shifted on 28-1-2004 to the main building and now all the classes (I to XII) are in function at one site. The playground of the building has been developed; there are sufficient number of books in the library and that the labs with equipment is now available in the school. On 30-6-2004 the Manager of the school sent a letter enclosing an affidavit regarding the proper functioning of the institution at one place at Lane No. 13 Narain Nagar and further stating that Narain Nagar is known as Punjabi Colony in the city of Mainpuri. It was further stated in this letter that at present 29 rooms are available for the students and seven rooms for office work.;