IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 WP(C).No. 13526 of 2009(I) -------------------------- PETITIONER(S): --------------- THE ALIGARH PUBLIC SCHOOL,KARALIKONAM, ARIKANNOOR P.O.,AYOOR,KOLLAM DIST.-691 533,REP.BY ITS MANAGER MR.H.HASSAN KANNU,AGED 54 YEARS,S/O. LATE HYDROSE RAWTHER,(RESIDING AT THEKKEKONAM HOUSE,KARALIKONAM,ARKKANNUR,KOLLAM DIST.-691 533). BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 4. THE CENTRAL BOARD OF SECONDARY EDUCATION REP.BY ITS SECRETARY,SHIKSHA KENDRA 2, COMMUNITY CENTRE,PREET VIHAR,DELHI-110 092. BY GP SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13526/2009 -------------------- Dated this the 12th day of May, 2009 JUDGMENT Issue raised by the petitioner in this writ petition is covered by Ext.P3 judgment of the Division Bench dealing with the validity of a sub clause contained in Government Order restricting consideration of applications for No Objection Certificates to schools requiring affiliation to CBSE. The Division Bench has held that the applications are eligible to be considered in the light of G.O (MS) No.18/88/G.Edn dated 12.1.1988 ignoring the newly introduced clause 1 (a) of G.O (MS)No.204/08/G.Edn. dated 15.12.2008 as amended by the subsequent G.O (MS) 3/09/G.Edn. dated 5.1.2009. 2. In the result, the writ petition is disposed of directing the first respondent to receive the petitioner's application for issuance of No Objection Certificate on file and take a decision thereon in the light of the directions issued by the Division Bench in W.P.(C).13526/2009 2 Ext.P3 judgment within a period of one month from the date of receipt of a copy of this judgment. 3. Learned Senior Government Pleader Sri.P. Nandakumar appearing for respondents submits that appeals against Ext.P3 are coming up before the Supreme Court on 15.5.2009. Needless to say, the direction issued herein will be subject to any order that the Supreme Court may deem fit to pass in the appeals against Ext.P3 judgment. V.GIRI, Judge mrcs