IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 19757 of 2010(T) -------------------------------- PETITIONER: -------------- SARASWATHY VIDYA BHAVAN THODUPUZHA REPRESENTED BY K.RAVINDRAN NAIR MANAGER,PREM NIVAS, VENALLOOR PO, THODUPUZHA - 685 584. BY ADVS. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCAITON DEPARTMENT THIRUVANANTHAPURAM PIN 695 012. 2. CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS PRINCIPAL OFFICER AFFILIATION UNIT, AMC CELL, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI – 92. 3. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM, PIN 695 012 4. DISTRICT EDUCATIONAL OFFICER THODUPUZHA, PIN - 685 584. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19757/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF NOTIFICATION G.O.(Rt) No.736/96/GED DTD. 26.2.96. EXT. P2 : COPIES OF APPLICATIONS DTD. 27.10.07 MADE TO RESPONDENTS 1, 3 AND 4. EXT. P3 : COPY OF REPLY LETTER No.B1/7334/07/LDIS DTD. 13.11.07 OF R4. EXT. P4 : COPY OF APPLICATION DTD. 28.6.08 SUBMITTED ON LINE BEFORE R2. EXT. P5 : COPY OF JUDGMENT IN WP(C) 25882/08 DTD. 28.8.09 OF THIS COURT. EXT. P6 : COPY OF LETTER No.B1/5743/09/TT DTD. 26.5.10 OF District Educational Officer. EXT. P7 : COPY OF G.O.(MS) 137/2011/G.EDN DTD. 10.6.11. EXT. P8 : COPY OF ORDER DTD. 18.7.11 OF THE SUPREME COURT IN SLP (CIVIL) Nos.15440-15464/2008. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C)No.19757 of 2010 -------------------------------------------------- DATED THIS THE 6th DAY OF SEPTEMBER, 2011 J U D G M E N T The petitioner is seeking affiliation with the Central Board of Secondary Education after getting No Objection Certificate from the Government. Exhibit P2 is the copy of the application dated 27.10.2007 said to have been submitted before respondents 1, 3 and 4. By Exhibit P3, the 4th respondent returned the same stating that the 3rd respondent has issued directions not to entertain any applications from CBSE until further orders. 2. After the return of the application, again the petitioner filed Exhibit P4 application which was rejected for want of NOC and thereafter the petitioner filed W.P.(C)No.25882/08. Exhibit P5 is the judgment in the said Writ Petition. Even after the re- submission of the application, the same has been returned by the District Educational Officer as per Exhibit P6 against which the present Writ Petition has been filed. 3. By interim order dated 24.6.2010, this Court directed the CBSE to process the application received from the petitioner W.P.(C)No.19757/10 -2- including inspection of the petitioner's school if so required with a rider that the CBSE shall not grant affiliation to the petitioner's school pursuant to the inspection if conducted based on the order without obtaining further orders from this Court. It is submitted that thereafter the CBSE Officials have conducted the inspection. 4. Exhibit P7 is the copy of GO(MS)No.137/11/G.Edn. dt.10.6.2011 wherein the Government has accorded sanction for issuing No Objection Certificate for getting CBSE/ICSE affiliation to schools which totally fulfills the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities. 5. The Department has not framed guidelines in the matter as evident from Exhibit P7 itself. Exhibit P8 is the order passed by the Apex Court in various Special Leave Petitions after noticing the Government Order dt.10.6.2011 and the policy change in the matter. 6. Heard the learned counsel for the petitioner, the learned Standing Counsel for the CBSE and the learned Government Pleader. W.P.(C)No.19757/10 -3- 7. Exhibit P6 communication shows that the application of the petitioner has been returned by the District Educational Officer. On the petitioner re-submitting the application, the same will be forwarded to the Government along with the report required within one month from the date of receipt of a copy of the application and thereafter the Government will take fresh decision in terms of the guidelines to be framed within a further period of three months. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) dsn