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CBSE by-law on affiliation struck down

Staff Reporter

NEW DELHI: The Delhi High Court on Monday struck down a by-law of the Central Board of Secondary Education (CBSE) making it mandatory for private unaided schools to get approval from their respective State Governments for their affiliation to the Board.

Petition allowed

Terming the by-law as ultra vires the Board's Constitution, which says that there is no need for an approval by the State Government concerned for affiliation to the Board by private unaided schools, Justice Vikramjit Sen allowed a petition by Tushar Welfare Society, which had sought affiliation of the Board for its school in Uttar Pradesh.

The petitioner had filed the petition when the Board authorities had refused to grant affiliation to the school on the ground that the applicant had failed to secure approval of the State Government.

Board to process application

Allowing the petition, Mr. Justice Sen directed the Board to process the application of the petitioner.

"The Constitution of CBSE requires the concurrence of the State Government concerned in those cases where institutions receiving regular maintenance or grant-in-aid from a State apply for affiliation to the Board," the judgment said.

"Institutions which do not take aid from the State must have the freedom to choose whether they will prepare its students to appear in a Central or State Board examination," it added.

Commenting on the CBSE stand, Mr. Justice Sen said: "The Board is adopting a retrograde practice and stand by insisting that the State clearance should be taken even by schools which are private and unaided."

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