IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 6780 of 2009(N) --------------------------------------- PETITIONER(S): ----------------------- MANAGER, ST.JOSEPH'S PUBLIC SCHOOL, ANANDAPURAM, THRISSUR. BY ADVS. MR.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS MR.L.RAM MOHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), A.M.C.CELL, PREETH VIHAR, DELHI-110092, REPRESENTED BY ITS CHAIRMAN/ PRINCIPAL OFFICER. BY SR GOVT. PLEADER SMT.T.B.HOOD BY ADV. MR.DEVAN RAMACHANDRAN SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6789/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 2.8.96 EVIDENCING THE RECOGNITION OF THE HIGH SCHOOL SECTION. P2:- COPY OF THE CERTIFICATE EVIDENCING REGISTRATION OF THE PETITIONER SCHOOL'S APPLICATION SEEKING AFFILIATION BY WAY OF ''APPROVAL OF MIDDLE CLASS SYLLABUS''. P3:- COPY OF THE LETTER DT. 6.3.08 OF THE MURIYAD GRAMA PANCHAYATH. P3(a):- COPY OF THE RESOLUTION DT. 29.2.08. P4:- COPY OF THE APPLICATION SBMITTED BY THE PETITIONER'S SCHOOL. P5:- COPY OF THE CHALAN RECEIPT EVIDENCING THE PAYMENT OF RS. 25,000/-. P6:- COPY OF THE G.O.(MS) 18/88/G.EDN. DT.12.1.88. P7:- COPY OF THE RELEVANT PORTION OF THE BYE LAWS OF CBSE. P8:- COPY OF THE JUDGMENT DT. 8.7.08 IN WPC. 20537/08. P9:- COPY OF THE GO(RT) NO.190/09/G.EDN. DT. 13.1.09. P10:- COPY OF THE GO(MS) NO.204/08 /G.EDN. DT. 15.1.08. P11:- COPY OF THE GO(MS) NO.3/09/G.EDN. DT. 5.1.09. P12:- COPY OF THE JUDGMENT DT. 15.12.08 IN WPC. NO.32141/08. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.6780 of 2009 -------------------------------------- Dated 8th April, 2009 JUDGMENT Heard Sri.Mohan Jacob George, the learned counsel appearing for the petitioner, Sri.T.B.Hood, the learned Government Pleader appearing for the first respondent and Sri.Devan Ramachandran, the learned Standing Counsel appearing for the second respondent. 2. The petitioner, the Manager of St.Joseph's English Medium High School, Anandapuram applied to the State Government for the issue of a No Objection Certificate to enable the petitioner to seek affiliation with the Central Board of Secondary Education. That application was rejected by Ext.P9 order dated 13.1.2009, relying on the stipulations in Exts.P10 and P11 Government orders. By Exts.P10 and P11, the Government stipulated that No Objection Certificates will be granted only to those institutions established following the procedure and stipulations prescribed under Rule 2 and 2A of Chapter V of the Kerala Education Rules. The petitioner falls in the said category by reason of the recognition granted to the petitioner's school by Ext.P1 order dated 2.8.1996 issued by the District Educational Officer, Irinjalakuda. It is brought to my notice that a Division Bench of this Court has by judgment delivered on 6.4.2009 in W.P.(C)No.34912 of WP(C).No.6780/2009 2 2007 and connected cases quashed the stipulations in Exts.P10 and P11 Government orders and directed the Government to reconsider the applications submitted by the various petitioners, in accordance with Ext.P6 Government order dated 12.1.1988. Since the Division Bench of this Court has already quashed the stipulations in Exts.P10 and P11, this writ petition can be disposed of by quashing Ext.P9 and directing reconsideration of the petitioner's application. I accordingly quash Ext.P9 and direct the first respondent to reconsider the application submitted by the petitioner for the grant of No Objection Certificate, in the light of Ext.P6 Government order and pass orders thereon within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS