IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 8410 of 2009(U) ------------------------------------ PETITIONER(S): ------------------------ ST.MARY'S CENTRAL SCHOOL,PUTHENANGADY, KOTTAYAM-686001,REPRESENTED BY ITS CHAIRMAN, MAMMEN VARGHESE. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 4. CENTRAL BOARD OF SECONDARY EDUCATION, "SHIKSHA KENDRA",NO.2,COMMUNITY CENTRE, PREET VIHAR,DELHI-110092,REPRESENTED BY ITS SECRETARY. R1 TO R3 BY GOVT. PLEADER SMT.RANI DIOTHIMA R4 BY ADV. SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, ALONG WITH WPC NO. 22475 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.8410/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION SUBMITTED BY THE MANAGER OF THE PETITIONER SCHOOL DATED. 27.11.2007 BEFORE 3RD RESPONDENT. P2:- COPY OF THE DULY FILLED IN APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 20.12.2008. P2(a):- COPY OF THE DEMAND DRAFT, BEARING NO.791570 DTD. 20.12.2008 DRAWN IN FAVOUR OF 4TH RESPONDENT ON STATE BANK OF TRAVANCORE. P3:- COPY OF THE APPLICATION SUBMITTED BY THE MANAGER OF THE PETITIONER SCHOOL DTD. 21.1.2009 BEFORE 3RD RESPONDENT. P4:- COPY OF THE CHALAN RECEIPT NO.158 DTD. 21.1.09 TOWARDS REMITTANCE OF RS. 25,000/- BY THE PETITIONER. P5:- COPY OF THE REPRESENTATION DTD. 21.1.2009 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P6:- COPY OF THE ORDER, G.O.(MS) NO.18/88/G.EDN. DTD. 12.1.1988 OF THE IST RESPONDENT. P7:- COPY OF THE ORDER G.O.(MS) NO.204/88/G.EDN. DTD. 15.12.2008 OF THE IST RESPONDENT. P8:- COPY OF THE ORDER, G.O.(MS) NO.3/09/G.EDN. DTD. 5.1.2009 OF THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8410 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2011. JUDGMENT The petitioner is before this Court, seeking for a direction to grant affiliation to the school with the Central Board of Secondary Education (C.B.S.E.) and for a further direction to the Government to grant No Objection Certificate (N.O.C.) for getting affiliation. 2. Ext.P1 is the copy of the application submitted by the petitioner before the District Educational Officer, the third respondent herein, to recommend for the grant of N.O.C. 3. It is submitted by the learned counsel for the petitioner that the Government has passed a recent order, viz. G.O.(Ms) No.137/2011/G.Edn. dated 10.6.2011 wherein fresh guidelines have been prescribed for grant of N.O.C. for getting affiliation to C.B.S.E. to such schools which satisfy the basic requirements. 4. Therefore, there will be a direction to the third respondent to forward the application submitted by the petitioner along with his report, to the Government for considering the grant of N.O.C. The same will be done within a period of two weeks from the date of receipt of a copy of this wpc 8410/2009 2 judgment and the Government will pass appropriate orders with respect to the request for granting N.O.C. in accordance with the fresh guidelines framed, within a further period of three months. If the N.O.C. is granted to the petitioner, the same will be produced before the C.B.S.E. who will take an appropriate decision in accordance with law, without further delay. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/