IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 25059 of 2009(B) -------------------------------------- PETITIONER: ------------------- MANAGER, HOLY INNOCENTS PUBLIC SCHOOL, KALLUMALAKUNNU, VENNICODE POST, THIRUVANANTHAPURAM. BY ADVS. SRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI, SMT.REENA THOMAS, SRI.L.RAM MOHAN, SRI.N.JAMES AUGUSTINE. RESPONDENTS: ------------------------ 1. CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092 REPRESENTED BY ITS SECRETARY. 2. SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. *ADDITIONAL RESPONDENTS 4 AND 5 IMPLEADED: 4. DISTRICT EDUCATIONAL OFFICER, ATTINGAL. W.P.(C). NO.25059/2009-B: 5. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. *ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER DATED 24/02/10 IN IA. 2729/10. R1 & R2 BY SRI. DEVAN RAMACHANDRAN, S.C, R3, ADDL. R4 & R5 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, ALONG WITH W.P.(C). NO. 29649 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25059/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ON LINE APPLICATION FOR AFFILIATION WITH CBSE. EXT.P.2: RELEVANT PORTION OF THE BYE LAWS OF THE R.1. EXT.P.3: COPY OF THE G.O.(MS).204/08/G. EDN. DTD 15/12/2008 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P.4: COPY OF THE G.O.(MS)3/09/G. EDN. DTD. 05/01/2009 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P.5: COPY OF THE G.O.(RT).NO.1977/09/GENERAL EDUCATION DTD. 23/05/2009 ISSUED BY GOVT. OF KERALA. EXT.P.6: COPY OF THE APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD.P.O., SOORANAD, KUNNATHOOR. EXT.P.7: COPY OF THE AFFIDAVIT DT. 30/04/08 SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD.P.O., SOORANAD, KUNNATHOOR. EXT.P.7.A: COPY OF THE LAND CERTIFICATE SUBMITTED BY TRAVANCORE DEVASWOM BOARD, CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD.P.O., SOORANAD, KUNNATHOOR. EXT.P.7.B: COPY OF THE ORDER DT. 26/03/08 GRANTING AFFILIATION TO TDB CENTRAL SCHOOL, CHAKKUVALLY. EXT.P.8: COPY OF THE APPLICATION SUBMITTED BY THE TDB CENTRAL SCHOOL, KADAKKAL TO CBSE. EXT.P.9: COPY OF THE LETTER OF CBSE CONSTITUTING THE INSPECTION COMMITTEE DTD. 23/02/2009. EXT.P.10: THE APPLICATION SUBMITTED BY THE TDB CENTRAL SCHOOL AT VETTIKAVALA, KOLLAM. EXT.P.11: COPY OF THE ON LINE CERTIFICATE EVIDENCING THE CONSTITUTION OF THE INSPECTION COMMITTEE AS ON 27/02/2009. EXT.P.12: COPY OF THE APPLICATION SEEKING N.O.C. EXT.P.13: COPY OF THE COMMUNICATION DTD. 04/06/2009 RETURNING THE SAME BY THE D.E.O, ATTINGAL. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C) Nos.25059 & 29649 OF 2009 AND 8261, 11811, 12096, 14787 & 16724 OF 2010 -------------------------------------------- Dated this the 27th day of June, 2011. J U D G M E N T In all these writ petitions, the petitioners are seeking for No Objection Certificates from the State Government for affiliation to the Central Board of Secondary Education (CBSE). 2. It is submitted by the learned counsel appearing for the petitioners that the Government has recently passed an order as per G.O.(MS) No.137/2011/G.Edn. dated 10.06.2011 whereby a decision has been taken to consider the application for grant of No Objection Certificate in the light of the guidelines newly prescribed. Therefore, these writ petitions are disposed of directing the Government to take a decision in respect of the applications of the petitioners for grant of No Objection Certificate in terms of the Government Order dated 10.06.2011 in accordance with law and in the light of the guidelines which are existing if any as well W.P.(C) No.25059/09 & conn. cases. 2 as the guidelines which are newly prescribed. It is made clear that this Court has not expressed anything on the merits of the claims of respective parties. Appropriate orders will be passed within a period of two months from the date of receipt of a copy of this judgment. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp