IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WA.No. 1608 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25699/2011 Dated 27/09/2011 .................... APPELLANT(S): PETITIONER ------------------------ BHAVANS VIDYA MANDIR, KOLAIKKAD, MANNAPRA, REPRESENTED BY THE ADMINISTRATIVE OFFICER OF PUTHUCODE KEND RA OF BHARATHIYA VIDYA BHAVAN, PUTHUCODE, PALAKKAD - K. MURALEEDHARAN. BY ADV. SRI.GEORGE POONTHOTTAM SRI.SUJITH MATHEW JOSE SRI.M.PRAVEESH SRI.N.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 676 685. 4. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), AMC CELL, (AFFILIATION MONITORING CELL), PREETHI VIHAR, NEW DELHI - 110 002. MR.GEORGE MECHERIL, GOVERNMENT PLEADER MR.DEVAN RAMACHANDRAN, SC FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1608/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-A1 : COPY OF GO(MS) NO.202/11/G.EDN. DATED 07/10/2011. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... W.A. No.1608 of 2011 .................................................................... Dated this the 18th day of November, 2011. J U D G M E N T Ramachandran Nair, J. The appellant is a well known Organisation running chain schools through out the country and they have several CBSE Schools in Kerala itself. The appellant with all the facilities including 11 acres of land applied for upgrading their School, which has classes up to 8th standard, to 12th standard systematically. Necessarily, if approval is granted, the School will have to be progressively upgraded to a full fledged higher secondary school in the course of 4 years. The appellant's specific case is that there is unnecessary delay on the part of the Government in issuing NOC, which is required for getting affiliation of the CBSE. 2. Learned Government Pleader submitted that the State Government has no objection in giving NOC and based on the Supreme Court judgment they have issued recent W.A.No.1608/2011 2 orders as GO(MS) No.202/11/G.Edn. dated 07/10/2011, a copy of which is produced as Annexure A1 in the Writ Appeal. 3. A minor controversy is whether the appellant should furnish another application along with Ext.P7 already pending with the Government. When the application submitted by the appellant is pending and even inspection by the Deputy Director is over, we see no justification in demanding one more application from the appellant. However, if the format of application prescribed by the Government under new Government orders requires any further materials from the appellant, the appellant is bound to furnish the same, so that Ext.P7 gets supplemented with additional information required for granting NOC. We, therefore dispose of the Writ Appeal by modifying the judgment of the learned Single Judge and with a direction to the respondents to consider and pass orders on appellant's application within a period of 30 days from the date of receipt of a copy of this judgment by the Government. The appellant, W.A.No.1608/2011 3 within a week from demand of any additional information, will furnish the same to the Government. It will be open to the Government to rely on the inspection report already on record and if required they can conduct further inspection and call for any more particulars. We, make it clear that the Officer handling the matter should keep in mind the reputation of the appellant in running several educational institutions very successfully in the State. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg