Simplified Explanation of the Judgment

The Patna High Court has set aside an order of disaffiliation passed by the Central Board of Secondary Education (CBSE) against a private school in Danapur, Bihar. The case revolved around CBSE’s decision to cancel the school’s affiliation due to alleged lapses in safety and infrastructure, following a complaint of sexual assault in 2017. The school had previously challenged this decision, and the High Court had earlier quashed the first disaffiliation order for being non-speaking and cryptic, directing CBSE to pass a fresh, reasoned order after considering the school’s response.

In compliance, CBSE issued another disaffiliation order in February 2019 and reaffirmed it again in May 2019. However, the school challenged this renewed action on the ground that CBSE had not conducted any independent inquiry and merely relied on a report by the State Education Department, even though the State’s No Objection Certificate (NOC) withdrawal had itself been quashed by the Court in an earlier round.

The Court noted the following key issues:

1. No Independent Enquiry by CBSE: The CBSE did not conduct any fresh or independent investigation. Instead, it based its decision entirely on the State Government’s committee report, which had already lost credibility since the State did not take further action after the earlier High Court order.
2. Violation of Natural Justice: Despite the High Court’s explicit direction to conduct a fresh evaluation with due consideration of the school’s reply, CBSE passed its new order based only on prior allegations and failed to offer the school a genuine hearing.
3. Disaffiliation is a Serious Action: The Court observed that disaffiliation has far-reaching civil consequences and cannot be based on external reports alone, especially when those reports were never verified through proper legal procedure.

As a result, the Patna High Court quashed the disaffiliation order dated 7 May 2019, giving CBSE a final opportunity to initiate a proper and independent inquiry within 60 days. If no action is taken within that time, it will be presumed that CBSE has no further case against the institution, and the school will regain its full affiliation privileges.

Significance or Implication of the Judgment

This decision reaffirms the importance of natural justice and procedural fairness in regulatory actions taken by national boards like CBSE. Educational institutions cannot be penalized solely based on unverified reports, especially when such actions can destroy their reputation and operations.

For schools across India, the ruling ensures that affiliating authorities like CBSE must base serious disciplinary decisions on their own objective assessments, not merely external reports. It also highlights the judiciary’s role in safeguarding institutions against arbitrary and legally unsustainable decisions by regulatory bodies.

Legal Issue(s) Decided and the Court’s Decision

• Did CBSE violate natural justice by relying solely on the State’s report?
  • Yes. No independent inquiry was conducted.
• Was the disaffiliation order valid despite the earlier High Court directive?
  • No. CBSE did not follow the directive in letter and spirit.
• Can CBSE reinitiate proceedings?
  • Yes. CBSE may conduct a fresh inquiry within 60 days, ensuring due process.
• What happens if CBSE takes no action within 60 days?
  • Then the school’s affiliation stands fully restored as if no action was taken.

Case Title
Holy Cross International School v. Union of India & Ors.

Case Number
CWJC No. 8353 of 2019

Citation(s)
2020 (3) PLJR 427

Coram and Names of Judges
Hon’ble Mr. Justice Anil Kumar Upadhyay

Names of Advocates and Who They Appeared For
Mr. Sanjay Singh, Mr. Apurv Harsh, Mr. Manu Tripathi – for the petitioner
Mr. Sanjay Kumar (GP 17) – for the State
Mr. Vijay Krishna Tripathi – for CBSE

Link to Judgment
https://patnahighcourt.gov.in/vieworder/MTUjODM1MyMyMDE5IzMjTg==-yGB4TUTB–ak1–3Q=

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