SWATANTER KUMAR, J. - (1.) Provisional accreditation to Prerna Public School, Sirsa, petitioner herein, was not extended and even the permission for upgradation of the school to secondary level was declined by the National Open School, New Delhi vide its letter dated 6-6-2001. The petitioner-school has impugned this order Anexure P.4 in the present writ petition filed under Arts. 226/227 of the Constitution of India, on various grounds including lack of jurisdiction in the authority passing the order, the order suffers from element of bias, and that the grounds for declining extension, are factually incorrect. There cannot be any dispute to the legal proposition that the action of the respondents is amenable to writ jurisdiction and more particularly, it relates to imparting of education and providing for educational standards of the open schools in the country.
(2.) We may proceed to record relevant facts in order to effectively delve upon the discussion on the merits of the contentions raised before us in this petition. The Chairman of the National Open School granted provisional accreditation to the petitioner-school on 11-7-1997. This permission was granted for the academic year 1997-98 under Code No. 0556. The petitioner-school gave admission to students in the course obviously upon charging appropriate fees. According to the petitioner the school is affiliated to Central Board of School Education upto 10 + 2 in all the three streams. The petitioner-management was issued show cause notice on 17-10-2000 by respondent No. 1. Notice to show cause was served as to why school be not disaccredited for violation of the prescribed requirmeents within a period of three months. Reply to show cause was sent by the school on 22-11-2000 and vide order dated 6-6-2001 the accreditation granted to the school was withdrawn/not extended, resulting in the filing of the present writ petition by the petitioners on the grounds aforeindicated.
(3.) Upon notice reply was filed on behalf of respondent No. 1, National Open School, New Delhi. Preliminary objection with regard to the maintainability of the writ petition before this Court has been raised. It is stated that the order was passed after inspection by the Expert Committee and the entire matter was placed before the accreditation Advisory Committee. Upon the approval therefrom and after affording opportunity to show cause to the petitioner the order dated 6-6-2001 has been passed in accordance with law and the same communicated to the petitioner by the Secretary of respondent No. 1.;