IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 WP(C).No. 9178 of 2009(N) ------------------------- PETITIONER: -------------- CHAIRMAN, SMD PUBLIC SCHOOL, PEROOR, TKMC (P.O.), KOLLAM - 5. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION, DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFIILATION UNIT), A.M.C. CELL, PREETH VIHAR, DELHI - 110 092 REPRESENTED BY ITS CHAIRMAN/PRINCIPAL OFFICER. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. THE DIRECTOR OF PUBLIC INSTTRUCTION, THIRUVANANTHAPURAM. R1, R3 & R4 BY GOVERNMENT PLEADER, SRI.P. NANDAKUMAR. R2 BY SRI.DEVAN RAMACHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 9178/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM. EXT.P2 : COPY OF THE COMMUNICATION NO.38333/N3/06/G.EDN DATED 7.11.06 OF THE FIRST RESPONDENT. EXT.P3 : TRUE COPY OF G.O(MS)18/88/G.EDN DATED 12.01.1988. EXT.P4 : TRUE COPY OF JUDGMENT DATED 15.12.08 IN WPC NO.32141/08. EXT.P5 : TRUE COPY OF G.O.(MS)204/08/G.EDN DATED 15.12.08. EXT.P6 : TRUE COPY OF G.O.(MS) 3/09/G.EDN DATED 05.01.09. EXT.P7 : TRUE COPY OF G.O.(MS)82/88/G.EDN DATED 15.04.1988. /TRUE COPY/ PA TO JUDGE V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9178 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of May, 2009 JUDGMENT Issue raised by the petitioner in this writ petition is covered by the judgment of a Division Bench in WP(C) No. 34184 of 2007 and connected cases dated 06.04.09, dealing with the validity of a sub clause contained in Government Order restricting consideration of applications for No Objection Certificates to schools requiring affiliation to CBSE. The Division Bench has held that the applications are eligible to be considered in the light of G.O (MS) No.18/88/G.Edn dated 12.1.1988 ignoring the newly introduced clause 1 (a) of G.O (MS)No.204/08/G.Edn. dated 15.12.2008 as amended by the subsequent G.O (MS) 3/09/G.Edn. dated 5.1.2009. 2. In the result, the writ petition is disposed of directing the first respondent to receive the petitioner's application for issuance of No Objection Certificate on file and take a decision thereon in the light of the directions issued by the Division Bench in the judgment referred above within a period of one month from the date of receipt of a copy of this judgment. W.P.(C)No. 9178 OF 2009 -:2:- 3. Learned Senior Government Pleader Sri.P. Nandakumar appearing for respondents submits that appeals against the said judgment are coming up before the Supreme Court on 15.5.2009. Needless to say, the direction issued herein will be subject to any order that the Supreme Court may deem fit to pass in the appeals against the judgment. (V. GIRI, JUDGE) ttb