The Delhi High Court in the case Harshpal Singh Sawhney & Ors v. The Central Board Of Secondary Education & Ors in the case observed and has directed the Central Board of Secondary Education to conclude the proceeding which are initiated against schools and are found to be in violation of its bye-laws within six months.
The division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad in the plea observed and has dismissed the public interest litigation wherein seeking CBSE enquiry into the transactions between education societies and franchise schools and also to inspect affairs of schools operated by Delhi Public School Society.
In the present case, the petitioner also aggrieved by the commercialization of education and corrosion of standards of education management. Therefore, in the plea it is alleged that the Society through its Chairman executed various franchise agreements with several schools for permitting certain other schools to use the name of Delhi Public School, its motto and the logo.
It has been stated by the CBSE in its response that it grants affiliation to the schools subject to fulfilment of the norms and its bye-laws.
Adding to it, the court stated that as per the applicable bye-laws, various Delhi Public Schools have been established under different trusts and societies having affiliation with the CBSE and the the name of them per se, was not DPS but they had added names like DPS Ghaziabad and DPS Madhubani Pvt. Ltd. with a different logo.
It has also been stated that as and when the complaint is being received action has been initiated by schools and that appropriate action shall be taken in accordance with law, wherein strictly in consonance with its bye-laws.
The board also stated that an appropriate action was initiated against schools which were found to be in violation of its extant bye-laws.
The court while taking into note of the responses stated that the CBSE has taken stern action from time to time against schools which includes the imposition of penalty, which have violated the extant affiliation bye-laws.
The court directed the CBSE to conclude all the proceedings which have been initiated in respect of various schools mentioned in the PIL as well as in respect of other schools which have been mentioned in the affidavits which is filed by the CBSE positively within a period of six months from the date of receipt of certified copy of this order.
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