IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21159 of 2010(T) -------------------------------------- PETITIONER: ------------------- MANAGER, HOLY FAMILY PUBLIC SCHOOL, PRASANTH NAGAR, ALAYMON P.O.,AYOOR, ANCHAL-691 320, KOLLAM DISTRICT. BY ADVS. SRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI, SMT.REENA THOMAS, SRI.L.RAM MOHAN. RESPONDENTS: ------------------------ 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, PUNALUR-691 305. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014. R1 BY ADV. SRI. DEVAN RAMACHANDRAN, R2 TO R4 BY GOVERNMENT PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21159/2010-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(MS).18/88/G. EDN. DTD. 12/01/1988. EXT.P.2: COPY OF THE ON LINE REGISTRATION CERTIFICATE NO. SL-01348-1112. EXT.P.3: COPY OF THE G.O.(MS).204/08/G. EDN. DTD. 15/12/2008. EXT.P.4: COPY OF THE G.O.(MS).3/09/G. EDN. DTD. 05/01/2009. EXT.P.5: COPY OF THE G.O.(MS)82/88/G. EDN. DTD. 15/04/1988. EXT.P.6: COPY OF THE APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD, CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD.P.O., SOORANAD, KUNNATHOOR OBTAINED FROM THE WEB SITE OF CBSE. EXT.P.7: COPY OF THE LAND CERTIFICATE DTD. 30/06/2007. EXT.P.8: COPY OF THE ORDER DTD. 26/03/2008 SANCTIONING AFFILIATION TO THE TDB, CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. EXT.P.9: COPY OF THE APPLICATION SUBMITTED BY TDB, CENTRAL SCHOOL, VETTIKKAVALA, KOLLAM. EXT.P.9.A: COPY OF THE APPLICATION SUBMITTED BY TDB, CENTRAL SCHOOL, KADAKKAL. EXT.P.10: COPY OF THE AFFILIATION GRANTED TO THE TDB, CENTRAL SCHOOL, KADAKKAL. EXT.P.10.A: COPY OF THE AFFILIATION GRANTED TO THE TDB, CENTRAL SCHOOL, VETTIKKAVALA, KOTTARAKKARA, KOLLAM. EXT.P.11: COPY OF THE INTERIM ORDERS PASSED IN W.P.(C).NO.20501/10. EXT.P.12: COPY OF THE COMMUNICATION NO. 12019/N3/07/GEN. EDN. DTD. 06/03/2007 OF THE R.1. EXT.P.13: COPY OF THE COVERING LETTER DTD. 26/03/2011 SUBMITTED BY THE PETITIONER TO THE D.E.O, PUNALUR. EXT.P.13.A: COPY OF THE COVERING LETTER DTD. 29/03/2011 ADDRESSED TO THE R.2. EXT.P.14: COPY OF THE G.O.(MS).NO.137/2011/G. EDN. DTD. 10/06/2011 ISSUED BY THE GOVERNMENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21159/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of August, 2011 J U D G M E N T The petitioner is the Manager of a school seeking affiliation to the Central Board of Secondary Education (C.B.S.E). The application could not be processed for want of No-objection Certificate (N.O.C) on the part of the Government. By interim order dated 08/07/2010, this Court directed the CBSE (Affiliation Unit) to process the application of the petitioner and conduct inspection of the petitioner's school, if required, as part of the processing of the application. It was also directed that the CBSE shall not grant affiliation to the petitioner's school pursuant to such inspection without obtaining further orders from this Court. One of the prayers in the writ petition is for a direction to the third respondent to consider and pass orders on the application for N.O.C for getting affiliation to C.B.S.E. 2. Learned counsel for the petitioner submitted that in the light of G.O.(MS).No.137/2011/G.Edn., dated W.P.(C). No.21159/2010 -:2:- 10/06/2011 as there is a change of policy, a direction may be issued to the Government to consider the grant of N.O.C. 3. Heard the learned counsel for the petitioner, the learned counsel appearing for the first respondent and the learned Government Pleader. 4. Going by the pleadings of the petitioner, the application is pending before the Director of Public Instruction. 5. There will be a direction to the fourth respondent to forward the application of the petitioner along with the annexures and other reports of the officials concerned to the Government within a period of three weeks from the date of receipt of a copy of this Judgment. The Government will consider the application for No-objection Certificate in the light of the recent Government Order dated 10/06/2011 and the guidelines which are to be prescribed as provided therein and take a decision within a further period of three months. On the petitioner getting the No- W.P.(C). No.21159/2010 -:3:- objection Certificate, he can approach the first respondent for getting affiliation. All other contentions are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms