RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for issuance of direction upon the respondents to forthwith issue no objection certificate in favour of the petitioner for the purpose of getting affiliation from the Central Board of Secondary Education (hereinafter referred to as "CBSE"), New Delhi.
(2.) The factual background of the case as has been stated in the writ petition is that the petitioner has established a school named as Delhi Public School at Mesra, Ranchi which is running since April, 2016. The petitioner filed an application before the CBSE for affiliation, whereupon the CBSE granted temporary affiliation to the petitioner's school and asked for giving no objection certificate from the Jharkhand Government so as to grant affiliation. Thereafter, the petitioner applied for no objection certificate before the State Government on which, certain documents were demanded which were duly supplied by the petitioner. The petitioner filed several representations before the State authorities, but no objection certificate as applied by the petitioner was not granted to it, which gives gives rise to filing of the present writ petition.
(3.) The learned Senior Counsel for the petitioner submits that the petitioner is a unit of Society namely, Angika Development Society registered under the Societies Registration Act. The main object of the Society is to impart education and allied purposes related therewith. The Society is already running a school in the name and style of Delhi Public School, Bhagalpur for several years. The petitioner got joint venture with Delhi Public School, New Delhi. The Governing Body of the Society took a decision to establish and open Delhi Public School at Mesra, Ranchi and constructed a huge building as per the requirement and started functioning from April, 2016. The petitioner's school full-fills all the conditions as required by the bye-laws of the CBSE for grant of affiliation to a school. The petitioner was granted a provisional affiliation by the CBSE, however, for the purpose of grant of permanent affiliation, no objection certificate was required to be obtained from the State Government for which the petitioner submitted online application on 01.07.2016 and the authorities of Government of Jharkhand demanded various documents from the petitioner. The said documents were also supplied by the petitioner, however, no decision was taken by a Committee headed by the Director, Secondary Education, Government of Jharkhand, Ranchi. Finally, during the pendency of the writ petition, the Committee took a decision in its meeting dated 04.10.2017, wherein certain objections were raised. It is further submitted that the main objection raised by the Committee is that the lease of land granted to the petitioner has not been registered. The rest of the objections are trivial in nature which the petitioner shall meet, if not already done. So far as the objection regarding registration of the lease document of the land is concerned, the same is not required to be seen by the State authorities. Ultimately, it is the CBSE who has to take a decision with regard to grant of affiliation to the petitioner's school.;