IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 7471 of 2009(D) ------------------------- PETITIONER: ------------------ THE M.A.M.CENTRAL SCHOOL, REP.BY THE MANAGER SMT.SOSAMMA SCARIA,, AGED.52 YEARS, WIFE OF SHRI.ABRAHAM SCARIA, PANDANAD, CHENGANNUR-P.O., ALAPPUZHA DIST.-689 506 (RESIDING AT MANAKKUNNEL HOUSE, PANDANAD, CHENGANNUR-P.O., ALAPPUZHA DISTRICT-689 506). BY ADV. SRI.T.P.M. IBRAHIM KHAN RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. R1 BY GOVERNMENT PLEADER ADV. MR. T.B. HOOD R2 BY ADV. MR. DEVAN RAMACHANDRAN, SC, C.B.S.E. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7471 of 2009(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A PHOTOSTAT COPY OF THE GOVERNMENT (MS)NO.18/88 DATED 12.01.1988 ISSUED BY THE FIRST RESPONDENT. EXT.P2: A PHOTOSTAT COPY OF THE LIST OF DOCUMENTS AND CHALLAN RECEIPT SUBMITTED ALONG WITH THE APPLICATION DATED 11.10.2007 BY THE PETITIONER FOR THE ISSUANCE OF NO OBJECTION CERTIFICATE (NOC). EXT.P3: A PHOTOSTAT COPY OF THE JUDGMENT DATED 03.10.2008 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.28053 OF 2008(M). EXT.P4: A PHOTOSTAT COPY OF THE GOVERNMENT ORDER (RT.)NO. 237/09/G.Edn DATED 15.01.2009 PASSED BY THE FIRST RESPONDENT. EXT.P5: PHOTOSTAT COPY OF THE GOVERNMENT ORDER (MS)NO.204/08/G.Edn DATED 15.12.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P6: PHOTOSTAT COPY OF THE GOVERNMENT ORDER (MS) No. 3/09/G.Edn. DATED 05.01.2009 ISSUED BY THE FIRST RESPONDENT. EXT.P7: A PHOTOSTAT COPY OF THE INTERIM ORDER DATED 13.06.2008 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.8725 OF 2008. /TRUE COPY/ P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 7471 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th day of May, 2009 JUDGMENT The petitioner in this case has approached this court challenging the inaction on the part of the first respondent in refusing the “No Objection Certificate” with regard to the running of CBSE school. The learned counsel for the petitioners submits that the matter is squarely covered by judgment of this Court in WP(C) No. 34184 of 2009 and connected cases dated 6.4.2009. 2. In the above facts and circumstances, this matter is disposed of directing the first respondent to reconsider the applications preferred by the petitioner for granting 'No Objection Certificate' in the light of the observations and directions given by this Court in the above verdict, particularly, in paragraph 19 and 20. The final orders in this regard shall be passed after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within a period of one month. P. R. RAMACHANDRA MENON, JUDGE kmd