Simla- Chandigarh Educaional Society and Anr. Vs.central Board of Secondary Education - Court Judgment

SooperKanoon Citationsooperkanoon.com/1221351
CourtDelhi High Court
Decided OnFeb-13-2019
AppellantSimla- Chandigarh Educaional Society and Anr.
RespondentCentral Board of Secondary Education
Excerpt:
$~38 * in the high court of delhi at new delhi + w.p.(c) 2681/2018 & cm appl. 10968/2018 date of decision:13. h february, 2019 % 1. simla- chandigarh educaional society and anr. ........ petitioners through: mr. tarique siddiqui, ms. reetika gupta and mr. aamir zaidi, advs. versus central board of secondary education through: mr. amit bansal with mr. ..... respondent seema dolo, advs. for cbse coram: hon'ble mr. justice c. hari shankar judgment (oral) this writ petition was directed against an order dated 17th october/13th november, 2017, whereby the provisional affiliation granted to the petitioner-school was withdrawn.2. mr. bansal, learned counsel for the cbse, submits that the said allegation stands restored vide order dated 11th february, 2019.3. as such, in view of the above, nothing survives for adjudication in this writ petition.4. learned counsel for the petitioner, however, draws my attention to prayer b in the writ petition, and asserts that one of the allegations, w.p.(c) 2681/2018 page 1 of 2 on the basis whereof affiliation had been withdrawn, i.e. that the school had transferred funds to the simla-chandigarh educational society, chandigarh, was not sustainable in law, as such transfer was permissible as per judgments rendered by the supreme court.5. in my view, no occasion arises for this court to enter into the aspect of restoration, by the cbse, of provisional affiliation granted to the petitioner school.6. it is trite that article 226 of the constitution of india is not intended for passing of orders which may only be of academic interest, when the main grievance in the writ petition stands redressed.7. accordingly, the writ petition is disposed of without entering any observations into the merits of the allegations contained in the impugned orders dated 17th october/13th november, 2017. c. hari shankar, j february13 2019 dsn w.p.(c) 2681/2018 page 2 of 2
Judgment:

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2681/2018 & CM APPL. 10968/2018 Date of Decision:

13. h February, 2019 % 1. SIMLA- CHANDIGARH EDUCAIONAL SOCIETY AND ANR. ........ Petitioner

s Through: Mr. Tarique Siddiqui, Ms. Reetika Gupta and Mr. Aamir Zaidi, Advs. versus CENTRAL BOARD OF SECONDARY EDUCATION Through: Mr. Amit Bansal with Mr. ..... Respondent Seema Dolo, Advs. for CBSE CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT

(ORAL) This writ petition was directed against an order dated 17th October/13th November, 2017, whereby the provisional affiliation granted to the petitioner-School was withdrawn.

2. Mr. Bansal, learned counsel for the CBSE, submits that the said allegation stands restored vide order dated 11th February, 2019.

3. As such, in view of the above, nothing survives for adjudication in this writ petition.

4. Learned counsel for the petitioner, however, draws my attention to prayer B in the writ petition, and asserts that one of the allegations, W.P.(C) 2681/2018 Page 1 of 2 on the basis whereof affiliation had been withdrawn, i.e. that the School had transferred funds to the Simla-Chandigarh Educational Society, Chandigarh, was not sustainable in law, as such transfer was permissible as per judgments rendered by the Supreme Court.

5. In my view, no occasion arises for this Court to enter into the aspect of restoration, by the CBSE, of provisional affiliation granted to the petitioner School.

6. It is trite that Article 226 of the Constitution of India is not intended for passing of orders which may only be of academic interest, when the main grievance in the writ petition stands redressed.

7. Accordingly, the writ petition is disposed of without entering any observations into the merits of the allegations contained in the impugned orders dated 17th October/13th November, 2017. C. HARI SHANKAR, J FEBRUARY13 2019 dsn W.P.(C) 2681/2018 Page 2 of 2