delhihighcourt

SIDHHARTH PUBLIC SCHOOL vs UNION OF INDIA AND ORS

$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5829/2024 & CM APPL. 24130-24131/2024
SIDHHARTH PUBLIC SCHOOL ….. Petitioner
Through: Mr. Samdarshi Sanjay, Ms. Monika Sharma, Mr. Ashish Kumar Sharma and Mr. Rakesh Kumar, Advs.

versus

UNION OF INDIA AND ORS ….. Respondents
Through: Ms. Manisha Singh, Adv. for UOI
Mr. Utkarsh Singh, Adv. for Mr. Santosh Kumar Tripathi, SC for DoE

CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR

O R D E R (O R A L)
% 25.04.2024

1. This writ petition is directed against order dated 22 March 2024 issued by the Central Board of Secondary Education (CBSE), whereby the petitioner-school has been disaffiliated 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 5 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. Following the order dated 16 April 2024 passed by this Court in WP (C) 5408/2024 (Bharat Mata Saraswati Bal Mandir v. CBSE), this writ petition is disposed of with a direction to the CBSE to take a decision on the petitioner’s recall/reconsideration application dated 5 April 2024 (Annexure P-8 to the writ petition), within a period of four weeks from today after grant of an opportunity of personal hearing to the petitioner.

5. 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 one week beyond the communication of the decision taken by the CBSE on the petitioner’s application.

6. No orders as to costs.

C. HARI SHANKAR, J.
APRIL 25, 2024
dsn
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WP(C) 5829/2024 Page 1 of 2