The Delhi High Court on Monday sought response from CBSE regarding compulsion for the affiliate schools to give private and personal information of its school, staff and students and post the same on their website, i.e. Online Affiliated School Information System (OASIS).
Justice C Hari Shankar Issued Notice to CBSE on the plea by Forum for Promotion of Quality, a body of Private Schools, which also had challenged the fine of Rs. 50,000 levied upon many schools for non compliance with CBSE’s directions to submit data on the OASIS form.
The petition referred to two circulars issued by CBSE which made it compulsory for the affiliate schools to give personal information and uploading it on OASIS and the school website. The plea said that this compulsion was against Supreme Court’s decision in the AADHAR case. They relied on the case of N.R. Parashar v Managing Committee Cmabridge School Sriniwaspuri and Ors. In which the Delhi High Court dealt with the scope and ambit of CBSE and applicability of its bye laws vis-à-vis the provisions of the Delhi School Education Act and Rules, 1973.
Petitioner contended, “The Circular is beyond the Affiliation Bye-Laws of the board under which the schools have been granted affiliation by CBSE and are arbitrary, unwarranted and beyond jurisdiction.”
“It is noteworthy to mention that CBSE is only an examining board whose main role is in conducting Secondary and Senior Secondary Level examinations for the affiliated schools and its main role includes bringing reforms in examinations and evaluation practices; conducting workshops for teachers, introducing Skill learning by adding job-oriented and job-linked inputs etc. Thus, it is not within the purview of CBSE to issue this kind of administrative orders which are beyond its objectives and have no correlation whatsoever with the purpose behind its constitution and functioning. CBSE has transgressed its boundaries and has gone beyond the purpose for which it has been constituted. The premise for seeking the information and data is that the same shall be utilised by CBSE for various academic, examination and training purposes, however, the nature of information sought and the alleged purpose mentioned in the Circular dated 10.11.2016 are wholly unrelated”, reads plea.
The HC will next hear the matter on 27 August, 2019.
–India Legal Bureau
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