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October 14, 2020 Wednesday 11:30:10 AM IST

Schools Shall not Function Without Affiliation

Policy Indications

On the eve of the last Central Board of Secondary Education (CBSE) Board exams the students of a school realized that their school was not affiliated and that the school had planned to make them write the exams through an affiliated school, which however did not materialize. The aggrieved students approached the Hon’ble  High Court of Kerala to enable them to write the exams. Though the Single Judge declined their prayer, in the Writ Appeal, the Division Bench granted interim direction to write the Board exams.

The Court noticed that the problem which had been faced by the students who had been permitted to write the aforesaid exams was that schools were neither registered nor affiliated to CBSE. However, the said schools had been following the CBSE curriculum and the students were writing the exams through other affiliated schools. Even on earlier occasions, such issues had been noticed by CBSE, which prompted CBSE to publish the list of all affiliated schools in their website. They have also given the details of the schools that are unaffiliated. Further a Circular dated 29th September 2020 has been published at the national level in newspapers stating that those parents who wish to admit their wards in CBSE affiliated schools are alerted and requested to check affiliation status in CBSE website.

In fact, in another case in 2019 the Court had occasion to consider the same issue and deprecated the manner in which mushrooming educational institutions have put the future of students to serious peril and jeopardy and also with active participation of the parents. In that case the Court had directed the immediate closure of the school. Still parents fail to take necessary care to ensure that their wards are studying in recognised affiliated schools.

The Court observed in the instant case, the students were allowed to write the exams since there was a practice in vogue permitting students from unaffiliated schools to write the examination through affiliated schools. It was to stop such an unhealthy practice and for that purpose that the CBSE had given advertisements and issued circulars prohibiting that no request of unaffiliated schools for permitting their students to appear for examination, through affiliated schools shall be permitted.

Disposing the writ appeal, the Court held that hereafter the CBSE shall ensure that the practice of permitting students of unaffiliated schools to write examination through affiliated schools shall not be permitted. The parents of the students shall ensure that the school in which their wards are studying is a recognised and affiliated school. The Government shall also ensure that no school shall function without valid affiliation or recognition, as the case may be.

P S Antony

P.S ANTONY ,District Judge (Retd.) & Senior Faculty Bharata  Mata School of Legal Studies , Aluva

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