IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 18054 of 2011(F) -------------------------- PETITIONER(S): ----------------------- HOLY FAMILY PUBLIC SCHOOL, KALOORKADU, MUVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY ITS PRINCIPAL. BY ADVS. SRI.NOBLE MATHEW SRI.ARUN ALEX RESPONDENT(S): ------------------------ 1. CENTRAL BOARD OF SECONDARY EDUCATION (AFFILIATION UNIT), A.M.C. CELL, PREETH VIHAR, DELHI- 110 092, REPRESENTED BY ITS CHAIRMAN/ PRINCIPAL OFFICER. 2. SECRETARY (AFFILIATION BRANCH), CENTRAL BOARD OF SECRETORY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREETH VIHAR, DELHI 110 301. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 039. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. 5. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 695 001. R1 BY ADV. SRI.DEVAN RAMACHANDRAN R2 TO R5 BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.18054/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROFORMA DTD. 1.3.2011 SUBMITTED BY THE PETITIONER. P2:- COPY OF THE INTERIM ORDER DTD. 7.3.2011 DIRECTING THE CBSE TO PROCESS THE APPLICATION FILED BY THE PETITIONER FOR AFFILIATION WITHOUT AWAITING THE PRODUCTION OF NOC BY THE STATE BY THIS HONOURABLE COURT. P3:- COPY OF THE NEWS ITEM SEEN IN THE INTERNET. P4:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 3 TO 5. P5:- COPY OF THE RETURNED APPLICATION ALONG WITH THE ENDORSEMENT OF RESPONDENT NO.4. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.18054 of 2011-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011. JUDGMENT The petitioner herein is seeking for a direction to consider the application for grant of No Objection Certificate (N.O.C.) for getting affiliation for the school from the Central Board of Secondary Education (C.B.S.E.). 2. Heard learned counsel for the petitioner, learned Standing Counsel for the first respondent and learned Govt. Pleader. 3. The application filed by the petitioner has been returned by the District Educational Officer as per the endorsement, Ext.P5. The endorsement reads as follows: Learned counsel for the petitioner submitted that the guidelines issued by the Government in terms of G.O.(MS) No.18/08/G.Edn. dated 12.1.2008 is not the one prevalent now and recently the Government has passed an order dated 10.6.2011, viz. G.O.(Ms) No.137/2011/G.Edn. and new guidelines have been prescribed by the Government also. In that view of the matter, wpc 18054/2011 2 the application of the petitioner along with the required documents, will have to be forwarded by the District Educational Officer, to the Government for consideration in the light of the new guidelines prescribed by the Government as per order dated 10.6.2011. 4. Therefore, the endorsement, Ext.P5 will not stand in the way of the District Educational Officer forwarding the application of the petitioner along with the required documents, to the Government within a period of two weeks from the date of receipt of a copy of this judgment. The Government also will consider the application of the petitioner in terms of the new guidelines, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/