WA NO. 3 OF 2023 -:1:- 2025:KER:28388 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WA NO. 3 OF 2023 AGAINST THE JUDGMENT DATED 20/10/2022 IN WP(C) NO.25671 OF 2021 OF HIGH COURT OF KERALA APPELLANT/S: 1 ESMAIL HAJEE ESSA TRUST, REPRESENTED BY ITS MANAGING TRUSTEE,ABDUL SATHAR ISMAIL SAIT, RESIDING AT 7B, INFRA FORESHORE, FORESHORE ROAD, PALLIMUKKU, COCHIN-682016. 2 ABDU SATHAR ISMAIL SAIT, AGED 76 YEARS S/O.KHAN SAHIB ISMAIL HAJI ESSA SAIT, RESIDING AT 7B, INFRA FORESHORE, FORESHORE ROAD, PALLIMUKKU, COCHIN-682016. BY ADVS. T.K.VIPINDAS K.V.SREE VINAYAKAN K.JAJU BABU (SR.)(K/116/1981) RESPONDENT/S: 1 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTD BY ITS SECRETARY, SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110092. 2 MUSLIM EDUCATIONAL SOCIETY (MES), REPRESENTED BY ITS CHAIRMAN, VEMBALLOOR, KODUNGALLOOR, WA NO. 3 OF 2023 -:2:- 2025:KER:28388 TRICHUR-680671. 3 THE MES PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER/CORRESPONDENT, VEMBALLOOR, KODUNGALLOOR, TRICHUR-680671. BY ADVS. SRI.NIRMAL S., SC, CBSE VAISAKHI V BABU KARUKAPADATH(B-13) M.A.VAHEEDA BABU(V-4) P.U.VINOD KUMAR(K/647/2002) ARYA RAGHUNATH(K/000474/2018) T.M.MUHAMMED MUSTHAQ(K/000261/2018) KARUKAPADATH WAZIM BABU(MAH/8319/2019) P.LAKSHMI(K/001868/2021) AYSHA E.M.(K/001130/2022) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON 28.03.2025 DELIVERED THE FOLLOWING: WA NO. 3 OF 2023 -:3:- 2025:KER:28388 J U D G M E N T Dated this the 28th day of March, 2025 A.Muhamed Mustaque, J. The short issue in this case is in regard to the validity of the approval or affiliation granted by the Central Board of Secondary Education (CBSE) to the 4th respondent, CBSE school. 2. There is a civil dispute between the 1st appellant/Trust and the 3rd respondent/Society regarding the title, interest, and rights over the school's property. The dispute apparently started when the 1st appellant raised a question in regard to the title of the property of the school. It seems that the 3rd respondent/Society established the school as a part of a College run by them and obtained the affiliation from 1996 onwards up to the secondary stage and later until 2010, subject to a condition that the land on which the school is being run should be registered in the name of the 3rd respondent/Society. Their request for upgradation to Higher WA NO. 3 OF 2023 -:4:- 2025:KER:28388 Secondary was rejected, and it is seen that they had not produced documents to fulfil the land requirements, which resulted in the withdrawal of the affiliation. There was a challenge before this Court; however, during the pendency of the challenge, approval was granted. This approval resulted in raising another challenge by the appellants, questioning its validity. 3. The appellants questioned the approval on the ground that they were not heard before the order granting the approval was passed. The learned Single Judge did not interfere in the matter, noting that it would adversely affect the interests of the students and that a civil suit is pending. 4. The matter now falls within a narrow compass: whether the 3rd respondent fulfils the byelaw norms and whether the appellants' objection will have to be addressed. 5. As per the bye-law norms, title or possessory rights will have to be established for affiliation. What is the nature of a possessory right is a matter that has to be primarily addressed by the CBSE after verifying the possessory documents. WA NO. 3 OF 2023 -:5:- 2025:KER:28388 6. We also note a judgment of this Court in W.P.(C). No. 22816/2005 filed by the 1st appellant/trust to consider the title and possession of the property before granting approval to the 3rd respondent/society. It is obvious that the 1st respondent/CBSE bypassed the above direction while granting approval to the 3rd respondent/society. 7. In the light of the fact that the right of the appellants to be heard had been acknowledged in an earlier round of litigation, the CBSE was bound to hear the appellants before granting approval or affiliation. However, this was not done in this matter. Nevertheless, we do not want to interfere with the approval already granted to the school as it may adversely affect the interest of the students who are currently studying there. We find that a post-decisional hearing would be sufficient in this matter. Therefore, we direct the CBSE to hear the appellants and respondents 2 to 4, and to take an appropriate decision after adverting to the objections raised by the appellants. It is open for the CBSE to cancel or revoke the affiliation or take any appropriate decision based on the norms for granting WA NO. 3 OF 2023 -:6:- 2025:KER:28388 such approval. An appropriate decision shall be taken within three months after hearing both the sides as directed above. The approval granted as per Ext.P11 will be subject to the outcome of such a decision. Accordingly, the Writ Appeal is disposed of. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- P. KRISHNA KUMAR, JUDGE ms WA NO. 3 OF 2023 -:7:- 2025:KER:28388 APPENDIX OF WA 3/2023 PETITIONER ANNEXURES Annexure A1 . TRUE COPY OF THE JUDGMENT IN OP(C) NO. 2478/2018 DATED 05-11-2024