HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5651/2017 St. Johns Senior Secondary School, Bundi Road, Kota-324008 Raj. Through Manager Mrs. I.e. Masih W/ ----Petitioner Versus 1. Chairman Central Board Of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi-110301 2. Deputy Secretary, Affln Central Board Of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi-110301 ----Respondents For Petitioner(s) : Mr. Premchand Sharma For Respondent(s) : Mr. M.S. Raghav Mr. Vishwas Saini JUSTICE ANOOP KUMAR DHAND Order 25/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 09.12.2016 passed by the Central Board of Secondary Education (CBSE). 2. At the outset, counsel for the respondents has taken a preliminary objection on the maintainability of the instant petition. Counsel further submits that the petitioner has an alternative statutory remedy of filing an appeal under Clause 13 (10) of the Affiliation Bye-laws of CBSE, but without availing the said remedy, the petitioner has straightway approached this Court by way of filing the instant writ petition, hence the same is liable to be rejected. (2 of 2) [CW-5651/2017] 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. Taking into consideration the objection raised by the respondents and looking to the facts and circumstances of the present case, the present writ petition is not maintainable under Article 226 of the Constitution of India. If a person has an alternative efficacious remedy of filing a statutory appeal, the said person cannot be allowed to by pass the jurisdiction of the statutory Appellate Authority. 5. On this count alone, the present writ petition stands disposed of, granting liberty to the petitioner to assail the order dated 09.12.2016 passed by the Central Board of Secondary Education before the statutory Appellate Authority under Clause 13 (10) of the Affiliation Bye-laws of CBSE by way of filing an appeal within a period of one month from today. It is expected from the statutory Appellate Authority to decide the same expeditiously as early as possible preferably within a period of three months thereafter, by passing a reasoned and speaking order. 6. For a period of four months, the interim order passed by this Court shall remain in currency. 7. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/98