- 1 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 33200 OF 2024 (EDN-RES) BETWEEN: JANANI PUBLIC SCHOOL NO 43, GOVERNMENT COLLEGE ROAD, OPPOSITE TO SAI DURGA APARTMENTS, KADUGUDI, BANGALORE 560067, REPRESENTED BY SECRETARY, SRI K S CHANDRASHEKAR. …PETITIONER (BY SRI.S. DORERAJU., ADVOCATE) AND: 1. THE CENTRAL BOARD SECONDARY EDUCATION AFFILIATION DEPARTMENT, CBSE BOARD, PREETH VIHAR, NEW DELHI 110092 REPRESENTED BY THE DEPUTY SECRETARY. 2. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, GNANA BHARATHI MAIN ROAD, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 CHANDRA LAYOUT EXTENSION, NAGARABHAVI 2ND STAGE, BANGALORE 560072. …RESPONDENTS (BY MS. ANANDITHA REDDY.,ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO R-2 TO CONSIDER THE REPRESENTATIONS (i) DATED 18.03.2024, BEARING REFERENCE NO. CBSE/30- 2023-24 (VIDE ANNX-A) (ii) DATED 10.07.2024 BEARING REFERENCE NO. JPS/51/2024-25 (VIDE ANNX-B) AND (iii) DATED 28.08.2024 BEARING REFERENCE NO. JPS/CBSE/59/2024-25 (VIDE ANNX-C) REQUESTING THEM TO PREPONE AFFILIATION PERIOD WITHOUT ANY FURTHER DELAY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 ORAL ORDER The petitioner, an Educational Institution which has received affiliation from the Central Board of Secondary Education [the Central Board] for I to X [1st – 10th] Classes for the period between 01.04.2024 to 31.03.2029, has filed this petition for directions to the Central Board and its Regional Officer to consider its representations for advancement of the affiliation with a request for an interim relief to permit its 18 students admitted to the academic year 2024-25 to appear for CBSE X Class examination in the month of 2025. 2. This Court, by the interim order dated 27.01.2025, has directed the Central Board to allow these 18 students to take up 10th Class examination for the academic year 2024-2025 as an interim arrangement subject to the outcome of the writ petition without claiming any equity. The Central Board has called this interim order in question in Writ - 4 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 Appeal No.222 of 2025. A Division Bench has disposed of this intra – court appeal on 14.02.2025 without interference, but with the observation that if the petitioner fails in succeeding in the petition, these students will have the right to sue the petitioner and seek the right relief. 3. This Court, on 09.06.2025, has framed the following questions for consideration for the final disposal of the petition reserving liberty to the petitioner to seek orders on directions to the Central Board for announcement of the results.1 [a] Whether the petition must be rejected on the ground that the petitioner, [a school which is granted Affiliation for the years commencing from 2025-2026] has violated the requirement that all its students [before they can be permitted to take up 10th Standard examination] must have studied CBSE 1 The Central Board, in compliance with this Court’s earlier Order, has placed on record the details of the marks obtained by these students in the examinations. - 5 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 syllabus for a minimum of 2 years i.e., 9th and 10th standards. [b] If indeed the petitioner cannot succeed on this ground, whether an exception, in the peculiar circumstances, could be made on terms. Presently, Ms. Ananditha Reddy, the learned counsel for the Central Board and its Regional Officer [the respondents], has placed on record the Central Board’s response styled "Submission before the Hon'ble Court". 4. It is seen from these Submissions that the Central Board, while reiterating its efforts to provide quality education and emphasizing that both the petitioner and the parents of the 18 children are responsible for taking admissions for 10th Class in anticipation [without any basis] for the academic year 2024-2025, has placed on record that the directions could be for the release of the students' results but - 6 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 only as a One-time exception on humanitarian grounds without such directions being treated as a precedent. The Central Board has also stated that this Court must, given the circumstances, impose penalty equivalent to the full fee received by the petitioner from these 18 students. 5. In response, the petitioner has placed on record the copies of the receipts along with Demand Draft bearing No.431891 dated 11.06.2025 drawn on Canara Bank in favour of the “Secretary, CBSE’ for a sum of Rs.5,40,000/-. Mr. S.Doreraju, the learned counsel for the petitioner, says that Rs.5,40,000/-is the full amount that the petitioner has received from these 18 students and that this amount is being tendered in a bonafide gesture without admitting to any wrong doing but to ensure that the students’ interests are not jeopardised. - 7 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 6. This turn of events reduces the scope of consideration in the present petition. In the afore background, this Court must observe that there would be no difficulty for the students enrolled with the petitioner to take up 10th Standard examination for the academic year 2025-2026 as those students, unlike the present 18 students, would have completed studying a minimum of 2 years of CBSE syllabus as is required under Regulation 7 of the Examination Bye- laws 1995. 7. This Court must next observe that there must be a pragmatic approach, especially with the petitioner tendering all the fees received [though with some caveat] and that the Central Board is willing on humanitarian ground to make an exception but not as a precedent. This Court must further observe that the Central Board has placed on record, pursuant to this Court's interim order, that each of the 18 students has passed and is entitled to - 8 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 go to the next class. Indeed, a decision in these circumstances cannot be a precedent lest it becomes a practice to ignore the relevant Bye-laws and approach the Court. In the light of these circumstances, this Court is persuaded to opine that there are eminent circumstances for the disposal of this petition without getting into the merits of the rival case directing the respondents to announce the results of the 18 students forthwith as is required in the following terms: ORDER [A] The petition is disposed of directing the Central Board and its Regional Officer [the respondents] to announce the results of the 18 students as is required forthwith. [B] The respondents are called upon to receive the sum of Rs.5,40,000/- by way of Demand Draft bearing No.431891 dated 11.06.2025, which is handed over to Ms. Anandita - 9 - HC-KAR NC: 2025:KHC:19961 WP No. 33200 of 2024 Reddy, the learned counsel for the respondents, as penalty insofar as the admissions to the X Class for the academic year 2024-25, but without prejudice to act under its relevant Bye-laws and regulations for the other academic years. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 18