Legal Correspondent

Bylaw violative of resolution by which CBSE was constituted, says Schools Federation

New Delhi: The Supreme Court has issued notice to the Central Board of Secondary Education on a special leave petition challenging a Delhi High Court order, which said it was mandatory for a school seeking CBSE affiliation to obtain a no-objection certificate" (NoC) from the State Government concerned.

A Bench consisting of Justices K.G. Balakrishanan and P.P. Naolekar issued the notice on Thursday.

The petitioner, Independent Schools Federation of India, contended that the by-law, making it mandatory for schools seeking affiliation to the CBSE to get the NoC, was violative of the government resolution by which the board was constituted. As per this resolution, affiliation could not be denied to an unaided school if it failed to secure the NoC.

The petitioner said it represented hundreds of unaided public schools seeking affiliation to the CBSE in the interest of the children of government servants with transferable jobs, who might otherwise have to contend with different syllabi and different courses being followed in various States.

The petitioner cited clause 9 of the July 1, 1929 Central Government resolution, which laid down that the State Government's concurrence was mandatory if a school was getting grant-in-aid from it. This clause was not applicable to unaided public schools, which were not getting any grant-in-aid from the State.