The Supreme Court of India has issued notice to the Central Board of Secondary Education (CBSE) in April 2006 on a petition challenging a Delhi High Court judgment holding that the rule framed by the CBSE for a school to obtain 'No Objection Certificate' (NOC) from the respective state government for affiliation to the CBSE to conduct the examinations was not illegal. A bench comprised of Mr. Justice K.G. Balakrishanan and Mr. Justice P.P. Naolekar issued notices to the respondents after hearing Mr. Ravi Prakash Gupta, counsel for the petitioner.
The petitioner contended that the impugned bye-law making it mandatory for schools seeking affiliation to the CBSE to get NOC from the concerned state government was violative of the resolution of the government by which CBSE had been constituted as the document says that affiliation could not be denied to a school if it failed to procure NOC from the concerned state government.
"Independent Schools Federation of India", a society registered under the Societies Registration Act, 1860 through its national President G.P. Gupta, has filed the appeal.
The petition claiming to be representative of hundreds of unaided public schools has contended such schools seek affiliation to the CBSE to protect children of government servants with transferable jobs, from facing different syllabus and different courses prevalent in different states.
The petitioner has cited clause 9 of the Central government resolution of July 1, 1929, which laid down that concurrence of the concerned state government, was mandatory if a school was getting grant-in-aid from the state government concerned.
The aforesaid clause was not applicable in case of unaided public schools, which are not getting even a single penny as grant-in-aid from the state, the petitioner has pleaded.