2026:HHC:23539 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.21267 of 2025 Decided on: 18th June, 2026 ------------------------------------------------------------------------------------- Vinod Kumar and another …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Yudhbir Singh Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Choudhry, Assistant Advocate General, for respondent No.1. Mr. Chander Shekhar Thakur, Advocate, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioners seek cancellation of temporary affiliation granted by respondent No.2-H.P. Board of School Education in favour of respondent No.4-School. Further directions have been sought to direct respondent No.2 not to grant affiliation to respondent No.4-School on the basis of agreement dated 20.02.2021. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2026:HHC:23539 2. Heard learned counsel for the parties and considered the case file. 3. The case set up is that respondent No.5 was running respondent No.4-School through a Society- respondent No.3. The school is affiliated with respondent No.2-Board for classes 9th to 12th. A partnership deed was executed between petitioner No.1, his late wife-Smt. Rajni and respondents No.5 & 6 on 02.06.2003. Partners jointly purchased some additional land for the school. A building was statedly constructed over the land. The building was rented to respondent No.3-Society for running the school. During her lifetime, wife of petitioner No.2 served as Principal of the school, but after her death, these duties were taken over by respondent No.5 without associating the petitioners. Learned counsel for the petitioners submits that genesis of the dispute raised by the petitioners lies in a rent deed executed between two co-owners, i.e. S/Sh. Trilok Singh (respondent No.5) and Vinod Kumar (petitioner No.1 herein). The aforesaid rent deed was executed on 20.02.2021. Learned counsel submits that it is on the basis of aforesaid rent deed that respondent No.2 has granted affiliation to respondent No.4-School, which is being run 3 2026:HHC:23539 over the property, i.e. subject matter of the rent deed. Learned counsel submits that property is actually co-owned not just by the two co-owners, who have executed the rent deed, but is also co-owned by two other partners; It is for this reason that respondent No.2-Board had raised an objection for granting affiliation to respondent No.4-School on 22.10.2024. Despite this, affiliation has been granted by respondent No.2-Board in favour of respondent No.4- School, causing prejudice to the interest of the petitioners. 4. Respondent No.2-H.P. Board of School Education, which is the contesting respondent, in its reply has defended grant of temporary affiliation in favour of respondent No.4-School. Its stand is that:- 4(i). Respondent No.4-School had applied for renewal of affiliation. The renewal cases are dealt with as per Rule 16.3.5 of the Affiliation Regulations, which provides that ‘Board will grant yearly basis renewal affiliation & also five years affiliation to those institutions who apply for these affiliation. Such Institutions need only submit prescribed affidavit (Annexure-I), (Annexure-IV), (Annexure-V), Fire Safety Certificate from Chief Fire Officer, Building Safety Certificate from concerned Executive Engineer PWD, School Bus permit and fitness certificate shall be obtained from 4 2026:HHC:23539 R.T.O. concerned and school bus driver must have valid license to drive HMV/LMV-Transport and also minimum four years experience and photo copy of Board Prescribed Textbooks/Practical Notebooks bill for current academic session duly countersigned by concerned Sale Book Depots/Incharge authorized by Board alongwith prescribed application form with fee every year. After five years, the institutions will have to submit all the documents prescribed for fresh/U.G. cases in the regulation, which will support for granting of permanent or renewal of affiliation. When inspected, the concerned institute shall produce all the documents pertaining to renewal as per affidavit to the official on duty’. The renewal application of respondent No.4-School was considered in accordance with the prescribed procedure. Some shortcomings therein, such as agreement/ownership affidavits, were detected. These shortcomings were duly informed to respondent No.4- School vide letter dated 13.12.2024. The shortcomings were not removed. Consequently, renewal application for affiliation was rejected on 05.02.2025. 4(ii). Subsequently, respondent No.4-School filed a detailed representation on 26.03.2025 against the rejection order dated 05.02.2025. Respondent No.4-School pleaded 5 2026:HHC:23539 therein that it is running since 1988 after getting its affiliation renewed from time to time. Out of 322 students studying there, 100 were in classes 9th to 12th. School had 28 teachers as also non-teaching staff. Averments were also made with respect to property over which school had been running. Alongwith the representation, respondent No.4 also enclosed the decision rendered in CWP No.2681 of 2025 (Jai Public School Society & another), decided on 27.02.2025. The said writ petition was disposed of with the order that in case respondent No.4-School would approach respondent No.2 within the given time in terms of applicable Regulation No.16.7.9 of the Affiliation Regulations, then respondent No.2 would decide the same within four weeks. 4(iii). Simultaneously, petitioners also served a legal notice dated 17.03.2025 to respondent No.2 for not granting the affiliation till partition of the joint land. 4(iv). Further stand of respondent No.2 is that on account of two rent agreements of the same building, one filed by respondent No.4 seeking renewal of affiliation and the other filed by petitioner No.2 objecting against affiliation, it was resolved by respondent No.2-Board to get the building inspected from the Executive Magistrate, Tehsil 6 2026:HHC:23539 Palampur, District Kangra. Copy of this letter was endorsed to respondent No.4-School as also to petitioner No.2. Report was accordingly furnished by the Executive Magistrate on 17.04.2025 to the effect that a three storey building was constructed on the disputed land, on which school had been functioning. Taking into consideration all attending facts and circumstances as also to safeguard the interest and future of the students studying in respondent No.4- School, respondent No.2 granted temporary affiliation for academic session 2025-26. During hearing of the case, it was apprised that respondent No.4-School has also been granted temporary affiliation for the session 2026-27 on 31.01.2026 (Annexure P-17). 5. As noticed earlier, petitioner No.2 is himself the signatory of the rent deed dated 20.02.2021. He is trying to plead the cause of other co-owners, who are not the petitioners herein. Petitioner No.1 is stated to be a partner in respondent No.3-Society, which is running the respondent No.4-School. There appears to be a property dispute between the co-owners relating to the school premises. The factual assertion made by respondent No.2 in its reply that civil litigation, inter alia, between the 7 2026:HHC:23539 petitioners and respondent No.5 for possession of property is already pending adjudication in form of Civil Suit No.15 of 2024 before the learned Civil Court at Palampur, District Kangra, has not been denied. The reliefs claimed for by the petitioners appear to be in furtherance of getting possession of the land in question from respondent No.4-School, which is not permissible in the manner sought by them. Hence, I find no merit in the instant writ petition. The same is accordingly dismissed alongwith pending miscellaneous application(s), if any. It is, however, clarified that since affiliation granted by respondent No.2 to respondent No.4 is temporary for session 2026-2027 on certain terms & conditions, this order shall not come in way of respondent No.2 for finally considering the case of allowing/rejecting affiliation case of respondent No.4 in accordance with law. All rights and contentions of the parties in that regard are left open. Jyotsna Rewal Dua June 18, 2026 Judge Mukesh