IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 14346 of 2009(K) --------------------------------------- PETITIONER(S): ----------------------- THE BHARATHIYA VIDYA BHAVAN, QUILANDY KENDRA SITUATED AT QUILANDY P.O. KOZHIKODE DISTRICT- 673 305, REPRESENTED BY ITS MANAGER SHRI V. BALAKRISHNA KURUP, AGED 68 YEARS, S/O.LATE V. RAMA KURUP, RESIDING AT B-VIHAR CHOMBALA-P.O., KOZHIKODE DISTRICT- 673 308. BY SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATION OFFICER THAMARASSERRY. 4. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 110 092. R1 TO R3 BY GOVT. PLEADER SMT.RANI DIOTHIMA. R4 BY ADV. MR.DEVAN RAMACHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, ALONG WITH WP(C)NO. 28339 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 14346 of 2009(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVERNMENT (MS) NO.18/88 DATED 12/01/1988 ISSUED BY THE FIRST RESPONDENT. EXT.P2: COPY OF THE LIST OF ENCLOSURES SHOWING THE DOCUMENTS ATTACHED TO THE NOC APPLICATION SENT BY THE PETITIONER TO THE D.E.O. EXT.P3: COPY OF THE JUDGMENT DATED 06/04/2009 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 5132/2009 AND OTHER CASES. EXT.P4: COPY OF THE ORDER NO.N.DIS./X152/58007/08 DATED 13/08/2008 ISSUED BY THE D.E.O. THAMARASSERRY AT THE INSTANCE OF THE FIRST RESPONDENT. EXT.P5: COPY OF THE LETTER DATED 27/04/2009 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT ALONG WITH THE VISIT REPORT OF THE 3RD RESPONDENT DEO THAMARASSERRY. EXT.P6: COPY OF THE REPRESENTATION DATED 18/05/2009 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P7: COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT OF INDIA, DATED 18/07/2011 IN SLP NOS.11666-11667 OF 2009. EXT.P8: COPY OF THE GOVERNMENT ORDER (MS) NO.137/2011/G.EDN. DATED 10/06/2011, ISSUED BY THE FIRST RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT, DATED 20/07/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ------------------------------------------- W.P.(C) Nos.14346, 16776, 17275 & 28339 OF 2009 ------------------------------------------- Dated this the 9th day of August, 2011. J U D G M E N T All these writ petitions concern the non grant of affiliation by the Central Board of Secondary Education (CBSE) as well as non grant of No Objection Certificate by the Government. These petitioners were parties before this Court in W.P.(C) No.5117 of 2009 and connected matters which were disposed of by Ext.P6 judgment produced in W.P.(C) No.16776/2009. Thereafter the matter was taken up before the Apex Court and the Apex Court has finally disposed of the Special Leave Petitions as per Ext.P7 order produced in W.P.(C) No.16776/2009. 2. Learned Senior Counsel appearing for the petitioners submitted that the applications of the petitioners may be directed to be considered in the light of the direction issued by the Division Bench in the batch of cases and also in the light of the order passed by the Apex Court in Special Leave Petition Nos.11666-11667/2009 and in view of the new policy reflected in W.P.(C) Nos.14346/2009 & conn. cases 2 G.O.(MS) No.137/2011/G.Edn dated 10.06.201i, a copy of which has been produced as Ext.P8 in W.P.(C) No.16776/2009. 3. Evidently, the Government by Ext.P8 order has accorded sanction for issuing No Objection Certificate for getting CBSE/ICSE affiliation to schools which totally fulfills the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities. It is made mention of therein that further guidelines will be issued by the Department in due course. In the light of the above, there will be a direction to consider the applications of the petitioners for grant of No Objection Certificates in terms of the judgment of this Court relied upon by the petitioners as well as in the light of the directions of the Apex Court in the Special Leave Petitions and also in terms of the guidelines which are prescribed based on Ext.P8. Appropriate orders will be passed within a period of three months from the date of receipt of a copy of this judgment. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp