Schools Not Required To Obtain From State “Formal Prior Recognition Letter” Every 5 Yrs To Continue Affiliation: CBSE To Kerala High Court

The Central Board of Secondary Education (CBSE) recently informed the Kerala High Court that the 'Formal Prior Recognition Letter' issued by the State Government to schools under the Right of Children to Free and Compulsory Education Rules ('RTE Rules'), Kerala, is not confined to any particular period, and that no further such recognition letter would be necessary for extending the affiliation to the Board every five years. 

It was further informed by the Standing Counsel of CBSE S. Nirmal that as per the latest Handbook issued by the CBSE, Schools also had the option to produce a 'System Generated Self Certification/System Generated DEO Certificate' with respect to the aspects mentioned in Appendix-III of the Affiliation Bye-Laws and that the CBSE would act upon the same while processing the application for continuation of affiliation.

The Single Judge Bench of Justice Devan Ramachandran, thus observed in this regard that the said stand of the CBSE, 

"renders the position ineluctably clear that, the schools now have the option of approaching them for continuing their self affiliation based on their own certification or a System Generated Certification; and it is only if the same is found to be insufficient and they being so informed by the CBSE, would they then require to apply for and obtain the certificate as per Appendix - III of the “Affiliation Bye-Laws”, from the Educational Authority".

The case arose after the judgment delivered by the same Court in The Manager Life Valley International School v. State of Kerala [WP(C)No.22812/2020], seeking directions to the competent Deputy Director of Education (DDE) of the State to issue them a 'formal prior recognition letter', in Form No. II, appended to the RTE Rules, so as to enable them to seek application with the CBSE. The Court had in the said case, directed that any such application made by a School seeking an 'Order of Prior Recognition' under Rule 14 of the RTE Rules, would be issued by the concerned Deputy Directors of Education only in Form No. II of the Rules after following the due procedure, and making the necessary inspections. 

It is the case of the petitioner that following the said judgment, although no further 'Formal Prior Recognition Letter' was required to be obtained by them for continuation of affiliation from the CBSE, the Government had thereafter issued an Order dated November 9, 2022, which the petitioner claimed 'virtually mandated' the issuance of the same, and that the competent Authority would charge Rs.10,000/- as expenses, with incremental increase every year. 

It was contended by the counsels for the petitioner that the order issued by the Government was unnecessary and untenable, since as per the RTE Rules, no Formal Prior Recognition Letter was necessary for seeking continuation of affiliation from the CBSE. It was pointed out that the Formal Prior Recognition Letter was not confined to any period, but effective from the date on which it is issued. It was thus submitted that when the Schools are to apply for continuation of affiliation, as per the Affiliation Bye-Laws, 2018, all that was required was to submit a self attested certificate, in the format available in Appendix III, without having to get it certified by the Educational Authority of the State. It was submitted that the State Educational Authorities had misinterpreted the provision, and insisted on each school to apply for a new Formal Prior Recognition Letter. 

On the other hand, it was argued by the counsels on behalf of the respondents that even if no Formal Prior Recognition Letter was required to be obtained by the Schools for seeking continuation of their affiliation with the CBSE every five years, it was mandatory to obtain a certificate from the District Educational Officer, or such other competent Educational Authority, with respect to their infrastructural and other facilities. 

It is at this juncture that Standing Counsel for CBSE had affirmed that the Formal Prior Recognition Letter was not confined to a particular period, but takes effect from the date of issuance, and that there was no insistence on a further letter for continuation of affiliation. He however, pointed out that the Schools would have to submit a certificate as per the format in Appendix - III of the Affiliation Bye-Laws, wherein they would have to vouch for their infrastructural facilities, and essential safety requirements. He further added that in the event of the CBSE finding any discrepancy in the System Generated Certificate that had been provided for in the Handbook, and feel that physical inspection by the Educational Officer of the State would be necessary, they would inform the School about the same pursuant to which the latter would have to obtain the necessary certification as per Appendix-III of the Affiliation Bye-Laws. 

The Court thus found that the impugned order issued by the Government would be of relevance only if any school is required to approach the competent Educational Authority of the State, for the certification, on being so asked to do by the CBSE. 

"Apodictically, therefore, the petitioners need not now harbour any grievance against this order, since it would apply to them only if they are constrained by the CBSE to seek certification from the Educational Authority, and not otherwise," it observed. 

The Court also did not find the imposition of charge on the schools for inspection of the infrastructural and safety imperatives, as stipulated by the CBSE Affiliation Bye-laws to be illegal or unfair. 

The Court further clarified that the impugned orders issued by the Government would be read down to the effect as stated in the order. 

"Consequently, should the Schools approach the jurisdictional Educational Authority, they will only be competent to issue the afore certification and not a 'Formal Recognition Letter', for continuing the affiliation," it was added. 

The petitioners were represented by Advocates M.R. Venugopal, Dhanya P. Ashokan, and S. Muhammad Alikhan. Senior Government Pleader Nisha Bose appeared on behalf of the respondents. Standing Counsel of CBSE S. Nirmal also appeared in the present case. 

Case Title: The Village International School & Anr v. State of Kerala & Ors. 

Citation: 2023 LiveLaw (Ker) 135 

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