IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17373 of 2011(V) ----------------------------------------- PETITIONER(S): ------------------------ ST.MARY'S BETHANY SCHOOL, P.O.KARIMBA, MACHAMTHODE, PALAKKAD, PIN-678 597, REPRESENTED BY ITS MANAGER. BY ADVS. SRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI, SMT.REENA THOMAS, SRI.L.RAM MOHAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678 597. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014. 4. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), A.M.C.CELL, PREETH VIHAR, DELHI-110 092, REPRESENTED BY ITS CHAIRMAN/ PRINCIPAL OFFICER. R1 TO R3 BY GOVERNMENT PLEADER SRI. V.VIJULAL R4 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17373/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE DTD. 6/04/2010 ISSUED BY THE MINORITY COMMISSION. P2: COPY OF G.O.(MS) 18/88/G.EDN. DTD. 12/01/1988. P3: COPY OF THE COVERING LETTER DTD. 26/11/2007 ALONG WITH THE APPLICATION. P4: COPY OF THE CHALAN FOR RS.25000/- TOWARDS THE FEE FOR NOC. P5: COPY OF THE VISIT REPORT OF THE DEO, PALAKKAD. P6: COPY OF THE COMMUNICATION DTD. 28/11/2007 OF THE DEO. P7: COPY OF THE INTERIM ORDER PASSED IN WP(C) NO.4502/2011. P8: COPY OF THE G.O.(MS) 137/2011/G.EDN. DTD. 10/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17373 Of 2011-V -------------------------------------------------- DATED THIS THE 28TH DAY OF JUNE, 2011 J U D G M E N T The main prayer in the Writ Petition is for a direction to the respondents to consider the application for grant of NOC for affiliation to the CBSE. 2. Exhibit P3 is the application filed by the petitioner dated 15.11.2007 and Exhibit P4 is the copy of the chalan evidencing remittance of Rs.25,000/-. 3. It is averred that the District Educational Officer had conducted an inspection in the school and had recommended grant of NOC as per report, Exhibit P5. Exhibit P6 is the communication from the District Educational Officer forwarding the application to the Director of Public Instruction. 4. It is pointed out that the matter was kept pending without any action on the part of the respondents to issue NOC to CBSE Schools. Exhibit P8 is the recent order passed by the Government dated 10.6.2011 wherein the Government has accorded sanction for issuing No Objection Certificate for getting W.P.(C)No.17373/11 -2- CBSE/ICSE affiliation to schools, which totally fulfills the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities. 5. In the light of the above, the learned counsel for the petitioner prayed that the Government may be directed to consider the application submitted by the petitioner also. 6. There will be a direction to the Director of Public Instruction to forward the application of the petitioner along with the documents to the Government within three weeks and the same will be considered by the Government in accordance with law and in accordance with the guidelines governing the matter expeditiously, at any rate within a period of three months. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R. RAMACHANDRAN NAIR, JUDGE) dsn