IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 14601 of 2011(A) -------------------------------- PETITIONER: -------------- THE CHAIRMAN, SWAMI VIVEKANANDA EDUCATIONAL AND CHARITABLE TRUST, PIRAVOM. BY ADV. SRI.PAULSON THOMAS RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY,GENERAL EDUCATION DEPT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001. 2. THE PRINCIPAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, (ALLEVIATION UNIT) A M C CELL,PREETH VIHAR,DELHI-110092 BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14601 OF 2011 --------------------------------------- Dated this the 8th day of June, 2011. J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Ext.P8 application filed by the petitioner for recognition of the CBSE school managed by the petitioner. Learned counsel for the petitioner submitted that the application has been submitted in the light of the interim order passed by the Apex Court in various Special Leave Petitions. A copy of the same has been produced as Ext.P7. 2. In paragraphs 2 and 3 of Ext.P7, the Apex Court has directed as follows: “If any of the respondents Schools make an application for recognition under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009, the State Government shall consider the same with reference to the norms and standards for a school mentioned in the schedule to the said Act, and the Rules, if any, that are made under the said Act and dispose of the application within a period of two months from the date of such W.P.(C) No.14601/2011 2 application. It is made clear that the State Government may not postpone consideration of any such application on the ground that Right of Children to Free and Compulsory Education Kerala Rules are not yet framed or notified. Subject to any of the respondents schools receiving such recognition, the interim stay of the order of the High Court in so far as such school, shall stand vacated without any further order”. 3. The petitioner has forwarded Ext.P8 application to the District Educational Officer, Muvattupuzha. Learned Government Pleader on getting instructions submitted that the Government has not so far received the application which is routed through the District Educational Officer. Heard the learned Standing Counsel for the 2nd respondent also. Even though the District Educational Officer is not a party herein, on production of a copy of this judgment before the District Educational Officer, Muvattupuzha, he will take steps to forward the application to the Government within a period of three weeks from the date of receipt of a copy of the judgment and thereafter the 1st respondent will consider the same individually or collectively in accordance with law in the light of W.P.(C) No.14601/2011 3 the interim order passed by the Apex Court (Ext.P7) and communicate the decision to the petitioner, expeditiously. This writ petition is disposed of as above. Sd/- T.R. RAMACHANDRAN NAIR JUDGE smp // True Copy // P.A. to Judge.