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BHARAT MATA SARASWATI BAL MANDIR AND ANR vs CENTRAL BOARD OF SECONDARY EDUCATION AND ANR

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$~157
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5408/2024 and CM APPL. 22340-22341/2024
BHARAT MATA SARASWATI BAL MANDIR
AND ANR ….. Petitioner
Through: Mr. Parvinder Chauhan, Advocate

versus

CENTRAL BOARD OF SECONDARY
EDUCATION AND ANR ….. Respondents
Through: Ms. Manisha Singh, Advocate
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 16.04.2024

1. This writ petition is directed against order dated 22 March 2024 issued by the Central Board of Secondary Education (CBSE), whereby the Petitioner 1-school has been dis-affiliated by the CBSE and a consequent direction to shift registered bona fide students of classes X and XII studying in the Petitioner 1-School for the session 2024-2025 to nearby CBSE affiliated schools has been issued.
2. Ms. Manisha Singh, learned counsel for the CBSE, points out that the petitioner has preferred a representation dated 2 April 2024 seeking recall/reconsideration of the impugned order dated 22 March 2024.
3. On instructions, she is agreeable to this writ petition being disposed of, with a direction to the CBSE to take a decision on the said representation, after grant of an opportunity of hearing to the petitioner, within four weeks from today.
4. Mr. Utkarsh Singh, learned counsel for the Directorate of Education (DoE) submits, on instructions, that, in the event of the decision on the petitioner’s representation being adverse to the petitioner, no action would be taken by the DoE on the basis of the impugned order dated 22 March 2024 for a period of one week beyond the communication of the decision taken by the CBSE on the petitioner’s application. The said statement is recorded. The DoE shall remain bound by the said statement made at the bar.
5. As such, recording the above submissions of learned counsel for the respondents, this writ petition is disposed of, with a direction to the CBSE to take a decision on the petitioner’s recall/reconsideration application dated 2 April 2024 (Annexure P-18 to the writ petition), within a period of four weeks from today after grant of an opportunity of personal hearing to the petitioner.
6. No orders as to costs.

C.HARI SHANKAR, J
APRIL 16, 2024/yg
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WP(C) 5408/2024 Page 2 of 2