Kiddys Corner Hr Sec. School Shivpuri Link Road Gwalior Through Its Manager Ajith Kumar T.S. vs Central Board Of Secondary Education An Autonomous Organisation Under The Ministry Of Education Gove

Court: Madhya Pradesh High Court
Decided on: 24-03-2026

<div> NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 1 WP-4751-2026 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 24 OF MARCH, 2026 WRIT PETITION No. 4751 of 2026 KIDDYS CORNER HR SEC. SCHOOL SHIVPURI LINK ROAD GWALIOR THROUGH ITS MANAGER AJITH KUMAR T.S. Versus CENTRAL BOARD OF SECONDARY EDUCATION AN AUTONOMOUS ORGANISATION UNDER THE MINISTRY OF EDUCATION GOVE Appearance: Shri Arvind Dudawat - Senior Advocate alongwith Shri Sanjay Shrivastava - Advocate for the petitioner. Shri D.P. Singh - Advocate for the respondent/CBSE. ORDER The present petition, under Article 226 of the Constitution of India, has been filed by the petitioner seeking following reliefs:- "1. That, the Order Annexure P/1 may kindly be set aside and the respondent may kindly be directed to continue the affiliation of the petitioner institute. 2. If further any deficiency pointed out by the respondent then the respondent may kindly be directed to give time to the petitioner to rectify the same. 3. Any other relief for the ends of justice may also be awarded." Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 2 WP-4751-2026 FACTS Short facts of the case are that the petitioner/institution was initially granted provisional affiliation by the Central Board of Secondary Education with effect from 01.04.2000 for the Secondary Level. Subsequently, the institution was upgraded to Senior Secondary Level with effect from 01.04.2003 upto 31.03.2006, and thereafter the affiliation was renewed from time to time and remained valid upto 31.03.2031 bearing Affiliation No.1030123. Prior to its affiliation with CBSE, the petitioner institution had been imparting education since 1988 under the Madhya Pradesh Board of Secondary Education, thereby having a long and established presence in the field of education. A surprise inspection of the petitioner institution was conducted by the Inspection Committee on 12.08.2025, during which certain alleged shortcomings were noted. Based on the said inspection, the respondent issued a show cause notice dated 15.09.2025 alleging violations of various provisions of the Affiliation Bye-Laws, 2018 and calling upon the petitioner to submit its explanation as to why action under Clause 12.1 of the said Bye-Laws should not be taken. In response to the said notice, the petitioner submitted a detailed reply dated 14.10.2025, stating that the alleged deficiencies had either already been rectified or were not actual deficiencies in nature. It was further explained that at the time of inspection, certain documents could not be produced due to the absence of the Principal, who was on leave. The petitioner also clarified that the absence of students on the date of inspection was due to their participation in a Tiranga Yatra organized under the directions of the State authorities, along with Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 3 WP-4751-2026 preparations for Independence Day celebrations, as a result of which, only selected participating students were present in the school at that time. The petitioner subsequently submitted all relevant documents addressing the observations made in the show cause notice vide Annexure P/6. The respondent, without proper application of mind and without duly considering the reply and supporting documents furnished by the petitioner, passed the impugned order dated 16.01.2026, whereby the affiliation of the petitioner institution at the Secondary and Senior Secondary levels was withdrawn with immediate effect. While permitting students of Classes X and XII to appear in the Board Examinations for the year 2026 from the same school, the respondent directed that students of Classes IX and XI be shifted to nearby CBSE affiliated schools for the subsequent academic session. The petitioner/institution was also restrained from taking fresh admissions or promoting students to Classes IX and XI by way of natural progression. The impugned order further provides that the petitioner may seek restoration of affiliation after the lapse of a stipulated period, subject to removal of the alleged deficiencies. Aggrived by the impugned order 16.01.2026, the petitioner has preferred the present writ petition before this Court. ARGUMENTS Shri Arvind Dudawat - learned Senior Advocate alongwith Shri Sanjay Shrivastava - Advocate for the petitioner submits that the impugned order has been passed in an arbitrary and mechanical manner, without due consideration of the facts and circumstances of the case and without properly Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 4 WP-4751-2026 appreciating the reply submitted by the petitioner. The long-standing history and reputation of the institution, which has been functioning since 1988 and affiliated with CBSE since 2000, has been completely overlooked. The said order has been issued in a capricious and mechanical manner, contrary to the provisions of the applicable Affiliation Bye-Laws, and without proper application of mind. It is further submitted that the impugned order is nothing but a mere reproduction of the show cause notice and does not deal with or consider the detailed reply submitted by the petitioner. The respondent has failed to examine the explanations and documents furnished by the petitioner and has passed the order in a predetermined manner. Such an approach renders the impugned order unsustainable in law. It is further submitted that Clause 12.1 of the Affiliation Bye-Laws empowers the respondent authority to impose any one of several penalties in case of violation, ranging from minor to severe, including withdrawal of affiliation. It is a well-settled principle of administrative law that where discretion is vested in an authority to choose among multiple penalties, the order must reflect conscious application of mind and must provide reasons justifying the imposition of a particular penalty, especially when the harshest penalty is imposed. In the present case, there is no indication whatsoever that the respondent considered lesser penalties or applied its mind to the proportionality of punishment. The impugned order does not disclose any reasoning as to why the extreme penalty of disaffiliation was considered necessary, thereby rendering it arbitrary and without jurisdiction. Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 5 WP-4751-2026 It is further submitted that the deficiencies alleged in the show cause notice had already been rectified by the petitioner, and this fact was specifically brought to the notice of the respondent through a detailed reply dated 14.10.2025 along with supporting documents. However, the respondent has failed to consider these material facts while passing the impugned order, thereby vitiated the decision-making process. It is further submitted that the conduct of the respondent clearly indicates that it had pre-decided the issue even before granting an opportunity of hearing to the petitioner and the conclusions recorded in the impugned order, particularly under the “Conclusion” portion, demonstrate that the respondent had already formed an opinion regarding alleged violations. The subsequent personal hearing granted to the petitioner was merely an empty formality and an eyewash, without any real intent to consider the petitioner’s case. Thus, the principles of natural justice, particularly the rule of audi alteram partem, have been grossly violated. It is further submitted that withdrawal of affiliation of a running educational institution is an extreme and drastic measure, which has far- reaching consequences not only for the institution but also for its staff and students. Such a decision cannot be taken lightly and must be preceded by strict adherence to the principles of natural justice, fairness, and proportionality. In the present case, the impugned order fails to meet these fundamental requirements. It is further submitted that the decision to disaffiliate an institution is akin to civil death, as it brings the functioning of the institution to a halt and Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 6 WP-4751-2026 causes irreparable harm to its reputation, employees, and the large number of students studying therein. Such a drastic action is warranted only in the most exceptional circumstances and after rigorous compliance with due process. The petitioner institution, which has been functioning since 1988 and affiliated with CBSE since 2000, has an established track record and cannot be subjected to such extreme action without cogent and compelling reasons. It is further submitted that the show cause notice itself was vague and defective, as it did not specify which particular penalty was proposed to be imposed upon the petitioner and the Affiliation Bye-Laws provide for multiple penalties under different clauses; however, the show cause notice merely referred to Clause 12.1 without indicating the specific consequence that may follow. This lack of clarity has caused serious prejudice to the petitioner, as it was deprived of a meaningful opportunity to respond to the proposed action. It is further submitted that at the time of inspection, the Principal of the petitioner institution was on leave, and the students were not present in full strength due to their participation in a Tiranga Yatra organized under the directions of the State authorities, along with preparations for Independence Day celebrations. The inspection was thus conducted under exceptional and unusual circumstances, which did not reflect the normal functioning of the institution. The respondent has failed to consider this crucial aspect while passing the impugned order, thereby rendered the decision arbitrary and unjust. It is further submitted that after the inspection, the petitioner submitted Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 7 WP-4751-2026 all the documents and records as required by the respondent. Consequently, any alleged deficiencies stood rectified. The discrepancies, if any, regarding student enrolment, attendance, staff details, salary records, evaluation duties, and qualification records were duly addressed and clarified through documentary evidence submitted along with the reply. Despite this, the respondent proceeded to pass the impugned order without considering these submissions, which demonstrates non-application of mind and arbitrariness. In view of the aforesaid submissions, it is submitted that the impugned order is vitiated by illegality, arbitrariness, violation of principles of natural justice, and lack of jurisdiction, as the petitioner institution has acted bona fide and has demonstrated its willingness to comply with all requirements of the Board. The extreme action of withdrawal of affiliation is wholly disproportionate and unjustified in the facts and circumstances of the case. It is, therefore, prayed that this Court may be pleased to allow the present petition by setting aside the impugned order dated 16.01.2026. Per contra, learned counsel for the respondent/Central Board of Secondary Education, submits that the present petition is wholly misconceived, devoid of merit and not maintainable in the facts and circumstances of the case, as the impugned order dated 16.01.2026 was passed strictly in accordance with the provisions of the Affiliation Bye- Laws, 2018, after due application of mind and upon affording adequate opportunity of hearing to the petitioner and it is well reasoned, based on material available on record, and does not warrant any interference under Article 226 of the Constitution of India. Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 8 WP-4751-2026 It is further submitted that the petitioner has not approached this Court with clean hands and has suppressed material facts, as the conduct of the petitioner in preparing and producing attendance records subsequently, which were admittedly not available at the time of inspection, clearly reflects an attempt to mislead this Court. Such conduct disentitles the petitioner from seeking any discretionary relief under the extraordinary writ jurisdiction. It is further submitted that under Clause 11.4 of the Affiliation Bye- Laws, 2018, the respondent Board is fully empowered to conduct surprise inspections of affiliated schools to ensure compliance with the conditions of affiliation as well as examination bye-laws. In exercise of such statutory powers, a surprise inspection of the petitioner institution was carried out on 12.08.2025 by a duly constituted Inspection Committee. The Committee, after conducting a comprehensive assessment of the academic and physical infrastructure, submitted its report revealing serious and grave violations of the Affiliation Bye-Laws. It is further submitted that during the course of inspection, it was observed that the petitioner institution failed to produce attendance registers for Classes XI and XII and shockingly, only a negligible number of students were physically present, namely 10 students in Class XI and 6 students in Class XII, whereas the school had officially registered 456 and 485 students respectively in these classes. This glaring discrepancy clearly establishes that the institution was indulging in sponsoring non-attending students, which constitutes a gross and serious violation of the Affiliation and Examination Bye-Laws. Similar irregularities were noted in Classes IX and X, where a Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 9 WP-4751-2026 substantial number of students were found absent. The petitioner institution failed to offer any plausible explanation for such large-scale absenteeism or mismatch in records, including discrepancies in the OASIS data. It is further submitted that the inspection revealed that the school did not have the requisite number of qualified teaching staff in proportion to the number of sections being run and the institution was also found to be operating a branch school without obtaining prior approval from the respondent Board, which is in direct contravention of the applicable norms. Additionally, essential infrastructure facilities such as Composite Science Laboratory, Mathematics Laboratory and a functional library were either non-existent or grossly inadequate. The Computer Laboratory and other science laboratories were also found to be deficient and not equipped in accordance with the prescribed standards. These deficiencies go to the root of the matter and directly affect the quality of education being imparted. It is further submitted that upon detection of the aforesaid violations, the respondent Board initiated action strictly in accordance with Clause 12 of the Affiliation Bye-Laws, 2018. A detailed show cause notice dated 15.09.2025 was issued to the petitioner, clearly specifying the deficiencies and calling upon the petitioner to submit its explanation. The petitioner submitted its reply; however, the same was found to be unsatisfactory and unsupported by credible documentary evidence. Even during the opportunity of personal hearing, the petitioner failed to substantiate its claims or produce relevant records such as laboratory attendance registers, practical records, or other documentary proof to demonstrate actual compliance. Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 10 WP-4751-2026 It is further submitted that after considering the inspection report, the reply submitted by the petitioner, and the material available on record, the respondent Board passed the impugned order dated 16.01.2026, which reflects due consideration of all relevant aspects and records a categorical finding of gross violations of the Affiliation Bye-Laws. The action of withdrawal of affiliation was taken in accordance with Clause 12.1 of the Bye-Laws, which specifically provides for such penalty in cases of serious non-compliance. It is also submitted that the contention of the petitioner that the inspection was conducted during a period when students were participating in “Tiranga Yatra” or other activities is wholly untenable and an afterthought, as the petitioner failed to produce any attendance records at the time of inspection, which raises serious doubts about the genuineness of its claims. Mere participation of some students in an event cannot justify the complete absence of attendance records or the huge mismatch in the number of enrolled and physically present students. It is further submitted that the petitioner has an efficacious and alternative statutory remedy available under Clause 13.10 of the Affiliation Bye-Laws, 2018, which provides for submission of a representation against the order of the Board to the Chairman. Without availing the said remedy, the petitioner has directly approached this Court by way of the present writ petition, which is not maintainable in law. It is a settled principle that where an effective alternative remedy exists, the writ jurisdiction ought not to be invoked. Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 11 WP-4751-2026 It is further submitted that the principles of natural justice have been duly complied with, as the petitioner was issued a detailed show cause notice, was granted sufficient time to submit its reply, and was also afforded an opportunity of personal hearing. The allegation that no adequate opportunity was provided is baseless and contrary to the record. In view of the aforesaid submissions, it is submitted that the impugned order does not suffer from any illegality, arbitrariness or procedural infirmity warranting interference by this Court. The petition, being devoid of merit and not maintainable, deserves to be dismissed. Heard counsel for the parties and prused the record. DISCUSSION AND CONCLUSION It is evident from the record that though the respondent had issued a show cause notice and the petitioner had submitted a detailed reply thereto along with supporting documents, the impugned order does not reflect due and meaningful consideration of the said reply. The order, on its plain reading, appears to be substantially a reiteration of the allegations contained in the show cause notice and does not disclose any independent analysis of the defence taken by the petitioner. There is a conspicuous absence of discussion as to why the explanations furnished and documents submitted by the petitioner were found to be unsatisfactory. Such an order, which does not deal with the reply in a reasoned manner, fails to meet the requirement of a speaking order and stands vitiated for non-application of mind. This Court further finds that the respondent, while invoking Clause 12.1 of the Affiliation Bye-Laws, 2018, was vested with discretion to impose Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 12 WP-4751-2026 any of the prescribed penalties depending upon the nature and gravity of the alleged violations. However, the impugned order does not demonstrate any conscious application of mind to the range of penalties available under the Bye-Laws, nor does it assign reasons as to why the extreme penalty of withdrawal of affiliation was warranted in the present case. The principle of proportionality, which is now a well-recognized facet of administrative law, requires that the punishment must be commensurate with the alleged misconduct. In the absence of any reasoning justifying the imposition of the harshest penalty, the decision-making process is rendered arbitrary. This Court also finds considerable force in the submission of the petitioner that the documents which were submitted along with the present petition, and which are stated to have been furnished along with the reply before the respondent Board, do not appear to have been considered in their proper perspective, as the impugned order is silent on the said material, thereby indicating that relevant evidence placed on record has either been ignored or not duly appreciated. Non-consideration of relevant material is a serious infirmity which vitiates the administrative decision. Further, the record indicates that the petitioner had specifically asserted that the deficiencies pointed out in the show cause notice had been rectified and supporting documents were submitted to that effect. However, there is no discussion in the impugned order regarding such compliance or subsequent rectification. The absence of any finding on this crucial aspect further reinforces the conclusion that the order has been passed without proper application of mind. Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 13 WP-4751-2026 It is also to be borne in mind that withdrawal of affiliation of an educational institution is a drastic and far-reaching measure, which has the effect of seriously prejudicing not only the institution but also its teaching and non-teaching staff, and most importantly, the students studying therein. Such a decision has civil consequences of a grave nature and, therefore, must be preceded by strict adherence to the principles of natural justice, including affording an effective, meaningful and adequate opportunity of hearing. In the present case, though an opportunity of hearing is stated to have been given, the manner in which the impugned order has been passed indicates that the same was not an effective or meaningful opportunity in the true sense. At the same time, this Court cannot lose sight of the fact that the inspection report does indicate certain deficiencies and irregularities, particularly with regard to student attendance, infrastructure and compliance with the Affiliation Bye-Laws. These aspects are undoubtedly significant and require proper scrutiny by the respondent authority. It is trite law that the existence of an alternative remedy does not operate as an absolute bar to the exercise of writ jurisdiction under Article 226 of the Constitution of India, particularly where the impugned action is ex facie arbitrary, violative of the principles of natural justice, or suffers from patent lack of jurisdiction. In such circumstances, relegating a party to an alternative remedy would amount to a failure of justice rather than its advancement. In the present case, this Court finds that the so-called alternative Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 14 WP-4751-2026 remedy available under the Affiliation Bye-Laws is wholly illusory and inefficacious for following reasons:- Firstly, the impugned order is vitiated by complete non-application of mind and fails to qualify as a reasoned or speaking order, as it does not deal with, much less consider, the detailed reply and documentary material placed on record by the petitioner. Such an order, which proceeds in disregard of the defence raised, strikes at the very foundation of fair adjudication and renders the decision-making process legally unsustainable. Secondly, the Chairman, before whom the representation is to be moved had already taken a view and had passed orders, which is reflected from the impugned order. In such a scenario, to relegate the petitioner to an alternative remedy would be to compel it to undergo a futile and protracted process despite the manifest illegality apparent on the face of the record. In view of the aforesaid, this Court has no hesitation in holding that the alternative remedy, as sought to be relied upon by the respondent, is neither efficacious nor adequate in the facts of the present case. Consequently, the present writ petition is clearly maintainable and merits consideration on its own merits. This Court further cannot lose sight of the fact that, even during the course of arguments, learned counsel for the respondent was unable to demonstrate as to how the alleged deficiencies constitute violations of any specific provisions of the Affiliation Bye-Laws, 2018, and failed to indicate the precise clauses under which such deficiencies would entail penal consequences. The absence of any discernible nexus between the alleged Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 15 WP-4751-2026 shortcomings and the governing statutory framework exposes the action of the respondent as being wholly unsupported by law. Illustratively, allegations such as the absence of a consolidated laboratory for Class X, or the requirement of prior approval for operating a branch at another site, were sought to be relied upon without reference to any mandatory provision of the Bye-Laws. No material has been placed on record to establish that such requirements, even if assumed, are of such a nature that their breach would justify the extreme penalty imposed. In the absence of such foundational clarity, the petitioner was effectively denied a meaningful and informed opportunity to respond, thereby vitiated the entire proceedings. Further, the impugned action entails grave and far-reaching civil consequences, as it results in the withdrawal of affiliation of a running educational institution. Such a measure is not merely regulatory in nature but has the effect of virtually extinguishing the functioning of the institution, thereby adversely impacting not only the management but also the students and staff. It is noteworthy that the provisional affiliation of the school upto the Senior Secondary level had been extended only on 16.04.2025, after due verification, and that time the discrepancies, as now alleged, were examined, addressed and and found to be non-existent. The abrupt withdrawal of affiliation, notwithstanding such prior verification, underscores the disproportionate and drastic nature of the action. In the absence of any clear, cogent, and legally sustainable correlation between the alleged deficiencies and the applicable provisions of the Bye- Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 16 WP-4751-2026 Laws, the conclusions arrived at by the respondent are rendered wholly unsupported by the statutory scheme. Such an approach not only reflects a lack of due application of mind but also results in an arbitrary exercise of power, which cannot be countenanced in law, particularly when the action taken entails drastic civil consequences such as withdrawal of affiliation. Accordingly, without expressing any opinion on the merits of the allegations, this Court deems it appropriate to remand the matter for fresh consideration so that all issues may be examined comprehensively. In view of the foregoing discussion, the impugned order dated 16.01.2026 (Annexure P/1) is hereby quashed, and the matter is relegated back to the respondent for fresh consideration. The respondent is directed to reconsider the case of the petitioner afresh after affording a proper, effective and meaningful opportunity of hearing to the petitioner. The petitioner shall be at liberty to produce all relevant documents, records and material in support of its case, including those which are stated to have been submitted earlier. The respondent shall duly consider the reply submitted by the petitioner, the documents placed on record, and any additional material that may be furnished, and thereafter pass a reasoned and speaking order strictly in accordance with law. The respondent shall also take into consideration the provisions of the Affiliation Bye-Laws, 2018, and while determining the nature of action or penalty, if any, shall apply the principle of proportionality and record specific reasons justifying its decision. The entire exercise shall be completed expeditiously, preferably within a period of six weeks from the date of receipt of a certified Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:10153 17 WP-4751-2026 copy of this order. With the aforesaid observations and directions, the present writ petition stands allowed to the extent indicated hereinabove. (MILIND RAMESH PHADKE) JUDGE pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/25/2026 6:18:47 PM</div>