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Issues Involved:
1. Whether the CBSE's requirement for a No Objection Certificate (NOC) from the State Government for affiliation of private unaided schools is valid. 2. Whether the CBSE is bound by the Central Government's directions post its registration as a society under the Societies Registration Act, 1860. 3. Whether the High Court can direct that an NOC is deemed granted if not decided within a specific period. Issue-Wise Detailed Analysis: 1. Validity of CBSE's Requirement for a No Objection Certificate (NOC): The CBSE mandates that private unaided schools seeking affiliation must obtain an NOC from the State Government. This requirement is outlined in Bye-law 3.3(i) of the CBSE's affiliation bye-laws. The writ petitioner argued that this requirement causes undue delays and is unjust. They contended that the bye-law was subordinate to the CBSE's constitution and thus should be struck down as ultra vires. The CBSE defended this requirement, stating that it ensures there is no conflict between state regulations and CBSE rules. The court upheld the CBSE's policy, emphasizing that it was a rational and reasonable criterion and within the CBSE's autonomy to prescribe its own rules for affiliation. 2. CBSE's Independence from Central Government Directions: The CBSE was initially created by a Central Government Resolution dated 01.07.1929 but was later registered as a society under the Societies Registration Act, 1860 on 02.01.1935. The court noted that post-registration, the CBSE became a distinct legal entity and ceased to be a limb of the Central Government. Thus, it is governed by its Memorandum, Regulations, and Bye-laws rather than the initial government resolution. The court found that the letter from the Central Government dated 01.05.2001, advising CBSE to consider affiliation applications without an NOC if the state did not respond within three months, was not binding on the CBSE. The CBSE, as an autonomous body, has the discretion to adopt or reject such directions. 3. High Court's Authority to Deem NOC Granted: The petitioner sought a direction from the court that if the application for an NOC was not decided within four months, it should be deemed granted, citing a Supreme Court decision in St. Johns Teacher Training Institute v. Regional Director, National Council for Teacher Education and Anr. The court rejected this request, stating that such a direction would amount to legislation, which is beyond the High Court's powers. The court emphasized that only the Supreme Court, under Article 142 of the Constitution, has the authority to issue such directions. The court clarified that not all directions from the Supreme Court serve as binding precedents unless they lay down a principle of law. Conclusion: The court concluded that the CBSE's requirement for an NOC from the State Government for the affiliation of private unaided schools is valid and within its policy-making discretion. The CBSE, being an autonomous body post its registration under the Societies Registration Act, 1860, is not bound by the Central Government's directions. Additionally, the High Court does not have the authority to legislate or deem an NOC granted if not decided within a specified period. Consequently, the appeal was allowed, the impugned judgment of the learned Single Judge was set aside, and the writ petition was dismissed.
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