IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 8339 of 2008(P) ------------------------------------- PETITIONER: ------------------- THE MANAGER, FR.XAVIER ARESSERIL MEMORIAL ENGLISH MEDIUM SCHOOL, RITAPURAM, ARTHUNKAL, CHERTHALA, ALAPPUZHA-688 530, REPRESENTED BY ITS MANAGER, FR.ANTONY ARESSERIL. BY ADV. SRI.K.RONALD JOSE, SRI.V.P.MOHAMMED NIYAZ, SRI.K.ABDUL JAWAD. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATIONAL DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, CHERTHALA. 4. CENTRAL BOARD SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. GOVT. PLEADER SRI. T.B. HOOD FOR R1 TO R3, ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8339/2008-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION BEFORE THE R.1. SUBMITTED BY THE PETITIONER. EXT.P.2: COPY OF THE CHALLAN RECEIPT DT. 22/02/06 FOR RS.25,000/-. EXT.P.3: COPY OF THE LETTER DTD. 11/01/06 OF THE R.3. EXT.P.4: COPY OF THE VISIT REPORT OF THE R.3. EXT.P.5: COPY OF THE PERFORMA OF SURVEY REPORT OF THE R.3. EXT.P.6: COPY OF THE INTIMATION DTD. 02/11/06. EXT.P.7: COPY OF THE G.O. (P) 107/07/G. EDN. DTD. 13/06/2007. EXT.P.8: COPY OF THE REPRESENTATION DTD. 28/09/07 TO THE R.3. SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.8339 OF 2008 ----------------------------------------------------- DATED THIS THE 22nd DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner submitted Exhibit P1 application for grant of NOC for affiliation of Fr.Xavier Aresseril Memorial English Medium School to CBSE. It was a school proposed to be run in Alappuzha District. In view of Exhibit P7 G.O., the said application was returned without processing as per Exhibit P6 communication. The petitioner submits, Exhibit P7 has already been quashed by this Court. Therefore, the competent authority may be directed to receive back his application and they may be further directed to process and dispose of the same in accordance with law. 2. We heard the learned Government Pleader for the respondent also. The learned Government Pleader submitted that the application was returned not because of Exhibit P7, but because of the pendency of the framing of policy guidelines for grant of NOC by the Government. 3. It is common case that the policy guidelines for grant of NOC have already been framed by the Government. In view of the W.P.(C)No. 8339/08 -2- said position, the 2nd respondent is directed to receive back the petitioner's application for NOC for affiliation of his school and forward the same to the Government with his comments within one month from the date of production of a copy of this judgment. The Government shall process the application after giving an opportunity of being heard to the petitioner, in accordance with law, within two months thereafter. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn