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High Court of Punjab and Haryana · body

2026 DAILYLAW 29207 (PNJ)

BR PUBLIC SCHOOL MIRZAPUR BACHHOD MAHENDERGARH DISTRICT HARYANA v. CENTRAL BOARD OF SECONDARY EDUCATION

CWP/7518/2026 · 2026-07-09

Sudeepti Sharma

body2026

Judgment text

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CWP-7518-2026(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111(3) Date of decision: 09.07.2026 B.R. PUBLIC SCHOOL ..Petitioner Versus CENTRAL BOARD OF SECONDARY EDUCATION AND ANR. ..Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Edward Augustine George, Advocate Mr. Shubham Malik, Advocate for the petitioner. Mr. B.S. Seemar, Advocate for respondents-CBSE. SUDEEPTI SHARMA, J. (Oral) 1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of writ in the nature of certiorari seeking quashing of order dated 01.12.2025 passed by respondent No.2- CBSE, whereby, direct admission of the petitioner-school has been rejected, thereby rejecting the direct admission of the students. 2. Learned counsel for the petitioner contends that despite submissions of all the documents by the school as per requirement, still the impugned order is passed against the students. 3. Per contra, learned counsel for respondents contends that the school has not admitted the students as per the CBSE bye-laws. 4. I have heard learned counsel for the parties and perused the whole file of the case with their able assistance. MOHD AYUB 2026.07.14 18:16 I attest to the accuracy and authenticity of this order/judgment. CWP-7518-2026(O&M) -2- 5. It would be apposite to reproduce the relevant portion of the impugned order dated 01.12.2025 :- “13. On the basis of facts and evidences mentioned above it clearly shows that bulk number of Direct Admission Cases i.e. 44 candidates in Class X and 57 candidates in Class XII in B R PUBLIC SCHOOL and submission of request by the school by violating the Standard Operating Procedure and Rule 7.3 and 7.5 of Examination Bye Laws clearly shows that students are not strictly complying with the attendance requirement as per rule 13 and 14 of examination Bye laws which is circulated to all school vide Letter dated 04.08.2025 (copy enclosed at Annexure 'E'). It has also been reiterated in the submission of LOC Circular dated 27.08.2025 (copy enclosed at Annexure 'F'). After implementation of New Education Policy Government has also concerned regarding the quality of Education as well as fulfilling the minimum attendance criteria which recommends 220 academic days. Board is also committed to provide the quality education and ensure the candidates minimum attendance as per National Education Policy 2020. Inspite of deficiencies pointed out; in support of reason of change of school; for taking direct admission in this school in 10th/12th; no supporting documents are provided by the School candidate vise which clearly shows this is a case of dummy admission/non-attending school.” 6. A perusal of impugned order shows that the same is rather passed against the students of class 10th and 12th. Once the students got admission in the school after paying the fee, the students should not suffer. MOHD AYUB 2026.07.14 18:16 I attest to the accuracy and authenticity of this order/judgment. CWP-7518-2026(O&M) -3- Further the impugned order is in contravention of Clause 13.15 of Affiliation Bylaws 2018 and the same is reproduced as under :- “13.15 In case of disaffiliation or downgrading of a school the students who are already studying in the school in classes IX, X, XI and XII, as the case may be, will be allowed to appear in the Board’s exam in their respective batches from the same school or from a school approved or decided by the Board.” 7. Hon’ble Supreme Court in “Minor Sunil Oraon through Guardian and Ors. Vs. C.B.S.E. and Ors.” dated 13.11.2006 held as under :- “14. Time and again, therefore, this Court had deprecated the practice of educational institution admitting the students without requisite recognition or affiliation. In all such cases the usual plea is the career of innocent children who have fallen in the hands of the mischievous designated school authorities. As the factual scenario delineated against goes to show the school has shown scant regards to the requirements for affiliation and as rightly highlighted by learned counsel for the CBSE, the infraction was of very serious nature. Though the ultimate victims are innocent students that cannot be a ground for granting relief to the appellant. Even after filing the undertakings the School non-challantly continued the violations. Students have suffered because of the objectionable conduct of the school. It shall be open to them to seek such remedy MOHD AYUB 2026.07.14 18:16 I attest to the accuracy and authenticity of this order/judgment. CWP-7518-2026(O&M) -4- against School as is available in law, about which aspect we express no opinion.” 8. In view of Clause 13.15 of Affiliation Bylaws 2018 and judgment passed by Hon’ble Supreme Court in “Minor Sunil Oraon through Guardian and Ors. Vs. C.B.S.E. and Ors.”, the present writ petition is allowed and impugned order dated 01.12.2025 is set aside. 9. All the pending miscellaneous applications, if any, are also disposed of. July 09th, 2026 (SUDEEPTI SHARMA) Ayub/Sahil JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2026.07.14 18:16 I attest to the accuracy and authenticity of this order/judgment.