Conclude Proceedings Against Schools Found In Violation Of Bye-Laws Within Six Months: Delhi High Court Directs CBSE

The Delhi High Court has directed the Central Board of Secondary Education (CBSE) to conclude proceedings initiated against schools which are found in violation of its bye-laws within six months.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation seeking CBSE enquiry into the transactions between education societies and franchise schools and also to inspect affairs of schools operated by Delhi Public School Society (DPSS).

The petitioners were aggrieved by the commercialization of education and corrosion of standards of education management. The plea alleged that the Society through its Chairman executed various franchise agreements with several schools for permitting certain other schools to use the name of Delhi Public School, its logo and motto.

The CBSE in its response stated that it grants affiliation to the schools subject to fulfilment of the norms and its bye-laws.

It added that as per the applicable bye-laws, various Delhi Public Schools have been established under different trusts and societies having affiliation with the CBSE, and that their name, per se, was not DPS but they had added names like DPS Ghaziabad and DPS Madhubani Pvt. Ltd. with a different logo.

It stated that as and when a complaint is received, action has been initiated by schools and that appropriate action shall be taken in accordance with law, strictly in consonance with its bye-laws.

In another affidavit, the Board also stated that appropriate action was initiated against schools which were found to be in violation of its extant bye-laws.

Taking note of the responses, the court said that CBSE has taken stern action from time to time against schools, including imposition of penalty, which have violated the extant affiliation bye-laws.

“In view of the same, no further orders are required to be passed in the present PIL,” it said.

On the petitioners’ allegation about irregularities in respect of DPSS, the court directed that they shall be free to take recourse to other remedies available under law keeping in view Societies Registration Act, 1860, and other statutory provisions governing the field.

“However, CBSE is directed to conclude all proceedings which have been initiated in respect of various schools mentioned in the PIL as well as in respect of other schools which have been mentioned in the affidavits filed by the CBSE positively within a period of six months from the date of receipt of certified copy of this order,” it said.

Title: HARSHPAL SINGH SAWHNEY & ORS v. CENTRAL BOARD OF SECONDARY EDUCATION & ORS

Citation: 2023 LiveLaw (Del) 166

Click Here To Read Order