IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 21860 of 2010(F) --------------------------------------- PETITIONER(S): ----------------------- THE MANAGER, ST.MARY'S PUBLIC SCHOOL, KURUPPAMPADY, KURUPPAMPADY P.O., RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. ERNAKULAM DISTRICT. BY ADV. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN SRI.T.M.JOSEPH SHYLAN SRI.H.SUNIL RESPONDENT(S): ------------------------- 1. CENTRAL BOARD, OF SECONDARY EDUCATION (AFFILIATION UNIT)A.M.C.CELL, PREETH VIHAR, DELHI-110092,REPRESENTED BY ITS CHAIRMAN/PRINCIPAL OFFICER 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695039 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695039 4. THE DISTRICT EDUCATION OFFICER, ERNAKULAM- 682016 R2 TO R4 BY GOVT. PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.21860/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER FOR GETTING THE AFFILIATION FOR SESSION 2011-12. P2:- COPY OF THE G.O.(MS) NO.18/88/G.EDN. ISSUED BY THE 2ND RESPONDENT DTD. 12.1.1988. P3:- COPY OF THE G.O.(MS) NO.204/08/G.EDN. ISSUED BY THE 2ND RESPONDENT DTD. 15.12.2008. P4:- COPY OF THE GO(MS) NO.3/09/G.EDN. ISSUED BY THE 2ND RESPONDENT DTD. 5.1.2009. P5:- COPY OF THE G.O.(MS) 82/88 ISSUED BY THE 2ND RESPONDENT 15.41988. P6:- COPY OF THE AFFIDAVIT SWEAR IN BY THE MANAGER OF THE PETITIONER SCHOOL GIVING THE DETAILS OF THE GOVERNING BODY MEMBERS OF THE TRUST DTD. 30.6.2010 P7:- COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC. NO.32036/09 AND CONNECTED CASES. DTD. 17.6.2010. P8:- COPY OF THE LETTER ISSUED BY THE IST RESPONDENT TO THE PETITIONER DTD. 27.5.2011. P9:- COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P10:- COPY OF THE REPORT SUBMITTED BEFORE THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM AND PREPARED BY THE DISTRICT EDUCATION OFFICER , KOTHAMANGALAM DTD. 14.3.2011 P11:- COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT AS PER G.O.(MS) 137/2011/G.EDN. DTD. 10.6.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21860 of 2010-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2011. JUDGMENT The petitioner is seeking for affiliation from the Central Board of Secondary Education (CBSE), without insisting for N.O.C. from the State Government. 2. It is submitted by the learned Standing Counsel for the CBSE that in the light of the decision taken by the Government, to consider the application for grant of NOC, the petitioner may have to move the State Government for obtaining the NOC. 3. Ext.P11 produced along with I.A. No.9980/2011, is the Government Order dated 10.6.2011, whereby the Government was decided to accord sanction for issuing NOC for getting CBSE/ICSE affiliation to schools, which totally fulfills the norms and conditions prescribed by the CBSE/ICSE and having own land and basic facilities. It is also stated therein that further guidelines will be issued by the Department in due course. 4. There will be a direction to the Government to consider the application of the petitioner for grant of NOC in accordance with law and wpc 21860/2010 2 any revised guidelines, within a period of two months from the date of receipt of a copy of this judgment, and thereafter the petitioner will be free to approach the CBSE, if the Government decides in favour of the petitioner, with respect to the grant of NOC. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/