IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 26023 of 2008(W) --------------------------------------- PETITIONER(S): ------------------------- THE PUSHPARAM ENGLISH MEDIUM SCHOOL, CHAMAMPATHAL, KOTTAYAM REPRESENTED BY ITS MANAGER, SR.BENSITTA CMC AMALA PROVINCIAL HOUSE, PODIMATTOM, PARATHODU P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT. BY ADVS.MR.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, KOTTAYAM. 4. THE CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI, REPRESENTED BY ITS CHAIRMAN. BY GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 26023/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PHOTOGRAPH OF THE BUILDING. P2:- COPY OF THE CHELAN DT. 24.10.07. P3:- COPY OF THE GO(MS) 107/07 DT. 13.6.07 OF THE IST RESPONDENT. P4:- COPY OF THE JUDGMENT DT. 9.1.08 IN WPC. NO.344/08 OF THIS HONOURABLE COURT. P5:- COPY OF THE G.O.(RT) NO.2933/08/G.EDN. DT. 26.6.08. P6:- COPY OF THE GO(MS) NO.18/88/G.EDN. DT. 12.1.88. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26023/2008-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of June, 2009 J U D G M E N T The writ petition is filed by an English Medium School seeking affiliation to the Central Board of Secondary Education and for issuance of No Objection Certificate by the State Government. The petitioner is challenging the relevant clause (xii) of G.O.(MS).No.18/88/G.Edn., dated 12/01/1988, produced as Ext.P6, as arbitrary, unconstitutional and illegal. 2. A Division Bench of this Court in the decision reported in Bharathiya Vidya Bhavan, Thriprayar Kendra v. State of Kerala and others [ILR 2009 (2) Kerala 543] has held that the application of respective petitioners shall be considered in the light of the findings rendered by this Court. In paragraph 19 to 20 of the said judgment, the following directions have been issued:- “In the result, we quash Ext.P7, as also the newly introduced clause(1)(a) of Ext.P2, as per Exts.P26 and P27. The petitioner's application shall be reconsidered in the light of Ext.P2 Government Order, ignoring clause (1)(a), which is newly introduced as per Ext.P26, as W.P.(C). No.26023/2008 -:2:- amended by Ext.P27, within one month from the date of receipt of a copy of this judgment. If there is any objection in granting N.O.C to the petitioner, it shall be put on notice and it shall be given an opportunity of being heard before its application is finally disposed of. In that event, the decision shall be taken within two months from the date of receipt of the copy of this judgment. The writ petition is disposed of. W.P.(C).No.34184/2007 and connected cases 20. The judgment in W.P.(C).No.34912/2007 will govern these cases also. The applications of the writ petitioners, whether pending or rejected, shall be taken to file and reconsidered in the light of G.O.(MS) No.18/88/G.Edn. Dated 12/01/1988, ignoring the newly introduced clause (1)(a) as per G.O.(MS). No.204/08/G.Edn. Dated 15/12/2008, as amended by G.O.(MS) 3/09/G.Edn. Dated 05/01/2009, within one month from the date of production of a copy of this judgment. If there is any objection in granting N.O.C., W.P.(C). No.26023/2008 -:3:- the petitioner concerned shall be put on notice and it shall be given an opportunity of being heard before final orders are passed. In the cases, where the Government decide to hear the petitioners, the time-limit for taking the decision shall be two months from the date of receipt of a copy of this judgment” 3. Since the very same Government Order is under challenge in this writ petition, the directions issued by the Division Bench in Bharathiya Vidya Bhavan's case [ILR 2009 (2) Ker. 543] will govern this case also. 4. It is pointed out by the learned Government Pleader that the State has filed a Special Leave Petition before the Apex Court and an interim order of stay has been granted. It is made clear that further action will be taken in the matter in accordance with the directions of the Apex Court in the connected matters. The writ petition is disposed of accordingly. (T.R. Ramachandran Nair, Judge.) ms