DEVENDRA KUMAR UPADHYAYA, C.J.
1. The appellant-Central Board of Secondary Education (hereinafter
referred to as CBSE) being an instrumentality of State within the meaning of
Article 12 of the Constitution of India [as held in Jigya Yadav v. Central
Board of Secondary Education& Others, (2021) 7 SCC 535], cannot be
immune from judicial scrutiny of this Court under Article 226 of the
Constitution of India as its actions are subject to part III of the Constitution of
India. However, what we find in the facts of the present case is that by its
action impugned in the proceedings of the writ petition before the learned
Single Judge, CBSE sought to defeat the valuable rights of the respondent
nos.1 to 17 (hereinafter referred to as ‘students’), causing not only serious
prejudice to them, but also jeopardising their educational career.
