Justice M M Sundresh, admitting the petition by Kamala Niketan Montessori School in Tiruchirappalli district, ordered issue of notices to officials of School Education Department/Directorate.  

The counsel for the school contended that CBSE schools had their allegiance to the Central Board and the education laws laid down by it. Accordingly, following a communication issued in August 2011 from CBSE, the affiliated schools had started implementing mandatory provisions of Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

While so, the state government issued an order amending rules and bringing CBSE schools also under the jurisdiction of state School Education Department and notified it on September 18 this year. On November 25 it wrote to CBSE schools calling upon the Principals to file form-I application by November 26.

The counsel contended that when the school sought time and replied that it could not respond without taking legal opinion on the matter, the authorities issued showcause notice on November 28. Noting that the state was trying to interfere with curriculum and syllabi's of CBSE schools, the counsel said it would lead to anomalous situation, as they are already complying with various rules and conditions laid down for all CBSE schools in the country by the Central Board.

Since CBSE itself is part of the Central government, CBSE-affiliated schools are not only deemed, but actually, come under the control of Central government. When the school has already obtained recognition from CBSE, insisting that it should obtain one more certificate of recognition from the government of Tamil Nadu is not only superfluous but plainly unreasonable,", the counsel said.

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