IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 16493 of 2009(F) -------------------------- PETITIONER: --------------- MANAGER, AHALIA PUBLIC SCHOOL, KOZHIPARA P.O., P.O.BOX NO.1213, PALAKKAD. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN SRI.N.JAMES AUGUSTINE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITSSECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA FOR R1, 3 & 6 ADV.SHRI DEVAN RAMACHANDRAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, ALONG WITH WPC NO. 16808 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.16493/09 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE COVERING LETTER DT.11.2.2006 SUBMITTED TO THE FIRST RESPONDENT. EXT.P2 : COPY OF THE COPY OF THE ORDER/ENDORSEMENT OF THE DEO. EXT.P3 : COPY OF THE APPLICATION (ON LINE FORMAT) SUBMITTED BY THE PETITIONER. EXT.P4 : COPY OF THE VISIT REPORT OF DEO DATED 24.11.07. EXT.P4 (A): : COPY OF THE COMMUNICATION DATED 28.11.07. EXT.P5 : COPY OF THE COPY OF LETTER SUBMITTED BY THE PETITIONER DATED 27.11.08 TO THE DPI. EXT.P6 : COPY OF THE RELEVANT PORTION OF THE BYE LAWS OF CBSE. EXT.P7 : COPY OF THEGO(MS)NO.18/88/G.EDN. DATED 12.1.88. EXT.P8 : COPY OF THE JUDGMENT DT.15.12.08 IN W.P.(C)NO.32141/08. EXT.P9 : COPY OF THE GO(MS)NO.208/08/G.EDN.DT.15.12.08. EXT.P9 A: : COPY OF THE GO(MS)NO.3/09/G.EDN. DT.5.1.09. EXT.P10 : COPY OF THE JUDGMENT DT.6.4.09 IN W.P.(C)NO.34912/07 RESPONDENT'S EXHIBITS: ANNEXURE R1(A): COPY OF ORDER OF THE HON'BLE SUPREME COURT DT.15.5.09 IN SLP NO.11666- 11667/09 //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)Nos. 16808/09-U & 16493/09-F -------------------------------------------------- DATED THIS THE 24TH DAY OF JUNE, 2011 J U D G M E N T Both the Writ Petitions are filed by the Managers of certain schools seeking for a direction to grant affiliation under the Central Board of Secondary Education. 2. One of the issues raised is regarding the non-granting of No Objection Certificate by the Government. By a common interim order dated 24.8.2009, this Court had directed the District Educational Officer to forward the applications received from the respective petitioners to the Government within one month. 3. It is submitted by the learned counsel for the petitioners that as evident from Exhibits P10 and P11 produced along with I.A.No.9615/2011 in W.P.(C)No.16808/09, the matter is kept with the Office of the Director of Public Instruction awaiting further orders from the Government. 4. Exhibit P13 is a Government Order dated 10.6.2011, wherein the Government has accorded sanction for issue of No Objection Certificate for getting CBSE/ICSE affiliation to schools, which totally fulfills the norms and conditions prescribed by the CBSE/ICSE and having own land and basic facilities. It is also mentioned that W.P.(C)Nos. 16808 &16493/09 -2- further guidelines will be issued by the Department in due course. 5. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. 6. In the light of the Government Order Exhibit P13, the learned counsel for the petitioners prayed that a direction may be issued to the Government to consider the applications for grant of NOC in accordance with the guidelines. 7. I am not expressing anything on the merits of the claims of the petitioners as no final decision has been taken so far. There will be a direction to the Director of Public Instruction to forward the applications of the petitioners to the Government to take a decision in accordance with law in terms of the existing guidelines or any other guidelines as proposed in Exhibit P13 produced along with I.A.No.9615/2011 in W.P.(C)No.16808/2009. Appropriate decision will be taken within a period of two months from the date of receipt of a copy of this judgment. The Writ Petitions are disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn