The bench headed by Justice Madan B Lokur and Justice Deepak Gupta were considering the state’s appeal against the Kerala High Court order which had been ruled in favour of Central Board for Secondary Education schools with regard to orders passed by the state/authority comprising several divisions harmfully affecting the operative of the Central Board for Secondary Education -affiliated schools in Kerala.
In December 2016, the Supreme Court of India had directed the state government to file an affidavit clarifying the following issues:
a. How many schools have already been granted affiliation by the CBSE and are likely to be impacted by guidelines dated 7th October 2011, and whether the state government intends to enforce the guidelines even in respect of those schools which had already been granted affiliation by the CBSE.
b How many schools run by the state government or aided by the state government or affiliated with the state board do not comply with the guidelines dated 7th October 2011.
c The parties will make out a chart indicating the current status of the schools before us with regard to the four guidelines that have been struck down by the high court – that is, the requirement of the CBSE in respect of each of the four guidelines, the requirements as per the guidelines and whether there is compliance with the CBSE requirement or the requirement of the guidelines dated 7th October 2011
d. The basis on which the guidelines have been framed by the state government. The state went on seeking adjournments and the matter was posted in January when the bench heeded the state’s request for adjournment and gave it a last chance.
When the case came up on 09.03.2018, the Hon’ble bench observed: “No affidavit has been filed by the State of Kerala for the last one year and only adjournments have been sought. Today also, there is a request for an adjournment for one week for filing the affidavit. We grant the adjournment subject to payment of costs of Rs.1,00,000/- (Rupees one lakh only) to be deposited with the Supreme Court Legal Services Committee within one week. The aforesaid amount shall be utilized for juvenile justice issue” Read the order here