Students Equal Stakeholders: The Delhi High Court has restored the Central Board of Secondary Education (CBSE) affiliation of the secondary level of a private school in the national capital, holding that the disaffiliation order passed by the board would not only affect the school but also the students, “who are equal stakeholders.”
Justice Vikas Mahajan, while restoring Khemo Devi Public School’s secondary level affiliation, said, “It needs no emphasis that the order of disaffiliation not only affects the school but also the students who are equal stakeholders.”
Referring to the deficiencies pointed out by the CBSE in its inspection report, the court said that the school had filed an affidavit and placed material on record, which prima facie indicated that the deficiencies had either been cured or were in the process of being cured.
“In any case, the deficiencies pointed out are curable,” the court added.
The court, in its December 13 order, also directed CBSE to re-inspect the school after six weeks and to provide a period of one month to the school to remove any defect, if found. The court clarified that if deficiencies still persist, the CBSE would be at liberty to take action in accordance with the law.
‘Not up to mark academic ambience’
Following a surprise inspection in September 2024, the CBSE, in its report, pointed out that the school’s academic ambience was neither up to the mark nor the quality of education was maintained.
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It was also noted that the school did not have sufficient and qualified teachers available on the inspection day, which suggested that the school was not running as per the conditions of the examination and affiliation byelaws.
The court also noted a few other allegations such as enrollment of dummy students particularly in classes XI and XII who were not attending schools regularly and were most likely attending coaching classes.
However, the court did not examine these allegations in the present proceedings as the school gave up on its challenge for affiliation of classes XI and XII.
Background
Khemo Devi Public School, established in 2016, was granted provisional affiliation by the CBSE up to senior secondary level, which was extended from time to time and was last extended till March 2029.
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In 2024, with a surprise inspection of the school, the CBSE reported major deficiency concerning the exponential disproportionate increase in the number of candidates from Class X to XI and Class XI to XII, as well as, sponsoring of dummy students in Class XI and XII.
Subsequently, the board issued a show cause notice and demanded an explanation for not imposing a penalty.
After receiving a reply from the school, the CBSE imposed a penalty of disaffiliation and directed it to transfer the students studying in Class IX and XI to other schools.
The school, aggrieved by its decision, approached the high court, which in March 2025, directed the CBSE to consider the petition as a representation and pass a fresh, reasoned “speaking order” after affording a hearing and considering all material on record.
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The CBSE, in its April 2025 order, upheld its decision of disaffiliation.
Subsequently, the school moved the high court again which directed the restoration of affiliation till classes IX and X.
