IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 839 of 2011(D) -------------------------------------- PETITIONER(S): ------------------------- STELLAMARIS BOARDING SCHOOL, KOODARANHI, KOODARANHI VILLAGE, KOZHIKODE DISTRICT, PIN - 673 604, REPRESENTED BY ITS CHAIRMAN. BY ADVS. SRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI, SMT.REENA THOMAS, SRI.L.RAM MOHAN. RESPONDENT(S): --------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION (AFFILIATION UNIT), A.M.C CELL, PREETH VIHAR, DELHI - 110 092, REPRESENTED BY ITS CHAIRMAN/PRINCIPAL OFFICER. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 039. 3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 014. R1 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE R2 TO R4 BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.839/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(MS) 18/88/G.EDN. DTD. 12/01/1988. P2: COPY OF THE APPLICATION SUBMITTED IN THE PRESCRIBED FORM. P2(A): COPY OF ON LINE REGISTRATION CERTIFICATE NO.SL-01230-1112. P3: COPY OF THE G.O.(MS) 204/08/G.EDN. DTD. 15/12/2008. P4: COPY OF THE G.O.(MS) 3/09/G.EDN. DTD. 5/01/2009. P5: COPY OF G.O.(MS) 82/88/G.EDN. DTD. 15/04/1988. P6: COPY OF THE APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD PO, SOORANAD, KUNNATHOOR OBTAINED FROM THE WEBSITE OF CBSE. P: COPY OF THE LAND CERTIFICATE DTD. 30/06/2007. P8: COPY OF ORDER DTD. 26/03/2008 SANCTIONING AFFILIATION TO THE SAAID TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. P9: COPY OF THE APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, VETTIKKAVALA, KOLLAM. P9(A): COPY OF THE APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, KADAKKAL. P10: COPY OF THE AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL, KADAKKAL. P10(A):COPY OF THE AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL, VETTIKKAVALA, KOTTARAKKARA, KOLLAM. P11: COPY OF THE INTERIM DTD. 1/10/2010 PASSED IN WPC.NO.30229/2010. P12: COPY OF COMMUNICATION NO.74170/N3/2010/G.EDN. DTD. 26/02/2011 ISSUED BY THE GOVERNMENT. P12: COPY OF THE G.O.(MS) NO.137/2011 DTD. 10/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.839/2011-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of August, 2011 J U D G M E N T The petitioner has approached this Court seeking for a direction to the Central Board of Secondary Education (C.B.S.E.) to grant affiliation to the school. 2. The learned counsel for the petitioner submitted that in the light of the Government Order Ext.P13, the Government will have to take a decision with regard to the grant of No-Objection Certificate (N.O.C) for getting C.B.S.E. Affiliation. 3. Ext.P2 is the application for grant of affiliation to the C.B.S.E. It is submitted that the application for N.O.C was submitted with all the relevant documents as stipulated in Ext.P1. It is further submitted that in like matters, various cases were pending before this Court and the Apex Court. 4. It is also submitted by the learned counsel for the petitioner that the Director of Public Instruction will have to be directed to obtain a report W.P.(C). No.839/2011 -:2:- from the District Educational Officer after conducting a visit to the schoo1 and then forward the same to the Government for consideration. 5. In that view of the matter, the writ petition is disposed of with the following directions: i. The petitioner will re-present the application before the third respondent-District Educational Officer. ii. The third respondent will forward the application to the Government along with his report through the Director of Public Instruction within a period of three weeks from the date of re-submission of the application by the petitioner. iii. The Government will take a decision within three months from the date of receipt of the application and the report. iv. If the Government grants No-objection Certificate, the petitioner will forward the same to the Central Board of Secondary W.P.(C). No.839/2011 -:3:- Education for taking a decision on the grant of affiliation. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms