- (1.) HEARD Mr. A.K. Sinha, learned senior counsel appearing for the appellants and the learned Counsel appearing for the respondents.
(2.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment and order dated 15.6.2006 passed by learned single Judge in WPC No. 1131 of 2006, whereby the Writ petition filed by the petitioner/appellant seeking a direction upon the respondents for allowing their students to appear in the Central Board of Secondary Education Examination and to publish the result, has been dismissed. The appellant -Cambridge School Parents Association, Ranchi filed the aforesaid Writ Petition seeking direction upon the respondents to issue admit cards to 159 students of Class X and 121 students of Class XII of Cambridge School, Tantisilwai, Ranchi for appearing in the said examination scheduled to be held from 1.3.2006.
(3.) THE fact as appears from the aforesaid judgment is that the school, namely, Cambridge School, Tantisilwai. Ranchi applied to the Central Board of Secondary Education (In short C.B.S.E.) for its affiliation in September, 1994 and the school was granted provisional affiliation for a period for three years i.e. from 1994 to 1997. The school, thereafter, applied for up -gradation up to +2 stage and was accorded up gradation for a period of three years from 1999 to 2002. In March, 2002 the C.B.S.E. issued show -cause notice to the school as to why necessary action be not taken to withdraw the provisional affiliation, as the school failed to fulfill the criteria for grant of affiliation. After considering the reply filed by the school, the C.B.S.E. refused to grant affiliation. However, taking into consideration the career of the students and to safeguard the academic future of those students, the C.B.S.E. agreed to permit the students to appear in the All India Secondary Certificate Examination and All India Senior Secondary Certificate Examination, scheduled to be held from March 2003 and 2004. The school, thereafter, requested for grant of provisional affiliation in May 2004 but the same was not granted. It appears that inspite of the fact that the school was not given affiliation after 2004, the Management of the school took admission of the students and then sought direction from this Court for allowing the students to appear in the said examination.;