S.J. Mukhopadhaya, Acting C.J. - (1.) THIS writ petition was preferred by the petitioner Cambridge School Parents Association/ Ranchi & five students of Cambridge School, Tatisilway, Ranchi, for a direction on the respondents to immediately and forthwith issue admit cards/hall tickets of 159 Class X students and 121 Class XII students of Cambridge School Tatisilway, Ranchi, examinations of which were to be conducted by the Central Board of Secondary Education, New Delhi (hereinafter to be referred as 'C.B.S.E.') and were to start from 1st March, 2006. Further prayer was made to allow those students to appear at the forthcoming X and XII Examinations.
(2.) TAKING into consideration the nature of the case, urgency and career of the students, this Court vide interim order dated 27 February, 2006 directed the respondents to allow provisionally the students of Class X and Class XII of Cambridge School, Tatisilway, Ranchi (hereinafter to be referred as 'the School') to appear at the forthcoming X and XII Examinations, as were scheduled to be held by the C.B.S.E. from 1st March, 2006. In pursuance of the said interim order, the students have been allowed to appear at the X and XII Examinations in March, 2006. However, their results were not published, as the interim direction was issued, subject to the result of the case. For the said reasons, when the case was taken up for hearing, counsel for the parties were heard on merit to determine whether the respondents should be directed to publish the results of the students of the School, who appeared at X and XII Examinations -2006, held by the C.B.S.E. It appears that the School applied to the C.B.S.E. for its affiliation in September, 1994 and was provisionally affiliated for a period of three years with effect from 1st April, 1994 to 31st March, 1997. The School, thereafter, applied for up -gradation up to Plus 2 stage and was accorded up -gradation up to Plus 2 stage (XII Class) for a period of three years with effect from 1st April, 1999 to 31st March, 2002. On 5 March, 2002 the C.B.S.E. under Clause 17 of Chapter V of C.B.S.E, Affiliation Bye -Laws issued a show cause notice to the School as to why necessary action be not taken to withdraw the provisional affiliation, granted by the C.B.S.E., the authorities having failed to run the School as per the Examination & Affiliation Bye -Laws. Having received the reply and not being satisfied with the same as also various guidelines, issued by the C.B.S.E. not having been followed, the School was disaffiliated both with regard to X and XII standard by C.B.S.E.'s letter dated 28 February, 2003. However, taking into consideration the career of the students and to safeguard the academic future of those students, who were already studying under C.B.S.E. and were in the Classes IX, X, XI and XII, the C.B.S.E. agreed to permit those students to appear at the All India Secondary (X) Certificate Examination and All India Senior Secondary (XII) Certificate Examination, scheduled to be held in March, 2003 and 2004. By the said order, the C.B.S.E. specifically informed the School that it will not run any class under C.B.S.E. pattern, specifically Classes IX, X, XI and XII w.e.f. Academic Session 2003 -04 and in case of any violation in that regard, the responsibility and consequences would rest upon the School authorities with clear understanding that the C.B.S.E. shall not be responsible.
(3.) THE School, thereafter, requested for grant of provisional affiliation on 31st May, 2004, pursuant thereto, an inspection was conducted by the C.B.S.E. on 12th August, 2004 but the Inspection Team having found several irregularities, the request, made by the School authorities for provisional affiliation up to Plus 2 stage (XII Class) was rejected by letter dated 7 October, 2004. It was made clear that the School having not been affiliated by the C.B.S.E, its candidates, having been admitted unauthorizedly, cannot be allowed to appear at the C.B.S.E. Examination. The School, thereafter, made request to the Minister of Human Resources and Development, Government of India, on 29 October, 2004. The President of the School also made a request to the C.B.S.E. by letter dated 19 November, 2004 to allow the students to appear at 2005 Examination. In the said letter, the following promise was made by the School: I firmly promise not to approach the Board in future for the examinations to be held after the students currently in Class X and XII are finally allowed to take their examination in 2005 on humanitarian ground.;