Shiv Jyoti Convent Sr. Sec. School v/s CBSE & Connected Matters

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

Shiv Jyoti Convent Sr. Sec. School Vs. CBSE & Connected Matters

Petitioners

Private CBSE-affiliated schools in Kota, including Shiv Jyoti Convent Sr. Sec. School.

Respondent

Central Board of Secondary Education (CBSE), represented through its Secretary.

Facts

CBSE conducted sudden surprise inspections in Sept 2024.
It was found that many students were absent from school premises, allegedly indicating dummy admissions (students enrolled but actually preparing for coaching elsewhere).
CBSE passed a penalty order dated 29/30.10.2024, including:
- Withdrawal of provisional affiliation to Senior Secondary level.
- Class X & XII students allowed to appear in 2024–25, but Class IX & XI students to be shifted to nearby schools.
- Ban on new admissions and natural progression.
- Restoration of affiliation possible after 1–2 academic years.

Petitioner’s Arguments

Absence of students was due to preparatory leave before mid-term exams.
Inspection was allegedly flawed:
- No videography conducted, violating CBSE bye-law 11.7.12.
- Contradictory data in inspection reports.
- CCTV footage and photos showed presence of students.
The penalty was disproportionate and harsh.

Respondent’s Arguments

Dummy admissions were rampant during inspections across Rajasthan.
Inspection was properly conducted with videography.
Schools didn’t provide satisfactory explanation.
Remedy available under Clause 13.10 of Affiliation Bye-laws: representation to CBSE before court challenge.

Hon’ble High Court’s Observations & Decision

No shifting of students (Class IX/XI) to other schools until decision on representations.

Emphasizes procedural remedies under CBSE Bye-laws before invoking writ jurisdiction.
Protects students’ academic continuity pending adjudication.
Sets a due process standard for school inspection-related penalties.

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