IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 20882 of 2010(I) ------------------------------- PETITIONER: -------------- MANAGER, THE STRATFORD PUBLIC SCHOOL, KALEELIL NAGAR, PALACKAL, THEVALAKKARA.P.O, KOLLAM-691 524. BY ADVS. SRI.MOHAN JACOB GEORGE SMT. PARVATHY P.V. SMT. REENA THOMAS SRI. RAM MOHAN.L RESPONDENTS: ------------------ 1. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), A.M.C.CELL, PREETH VIHAR, DELHI-110092, REPRESENTED BY ITS CHAIRMAN/ PRINCIPAL OFFICER. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039. BY SMT. M.T. SHEEBA, GOVERNMENT PLEADER. SRI. DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.20882/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPLICATION SUBMITTED BY PETITIONER'S SCHOOL. EXT. P2 : COPY OF COVERING LETTER OF District Educational Officer. EXT. P2(a) : COPY OF ON LINE REGISTRATION CERTIFICATION (No.SL-02064-0708). EXT. P3 : COPY OF G.O.(Ms) 18/88/G.EDN DTD. 12.1.88. EXT. P4 : COPY OF JUDGMENT DTD. 15.12.08 IN WP(C) 32141/08. EXT. P5 : COPY OF G.O.(Ms) 204/08/G.EDN DTD. 15.12.08. EXT. P6 : COPY OF G.O.(MS) 3/09/G.EDN DTD. 5.1.09. EXT. P7 : COPY OF G.O.(MS) 82/88/G.EDN DTD. 15.4.88. EXT. P8 : COPY OF APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR OBTAINED FROM THE WEBSITE OF CBSE. EXT. P9 : COPY OF LAND CERTIFICATE DTD. 30.6.07 OF TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR. EXT. P10 : COPY OF ORDER DTD. 26.3.08 SANCTIONING AFFILIATION TO THE SAID TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. EXT. P11 : COPY OF APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, VETTIKKAVALA, KOLLAM. EXT. P11(a) : COPY OF APPLICATIONS SUBMITTED BY TDB CENTRAL SCHOOL, KADAKKAL. EXT. P12 : COPY OF AFFILIATION GRANTED TO TDB CENTRAL SCHOOL, KADAKKAL. EXT. P12(a) : COPY OF AFFILIATION GRANTED TO TDB CENTRAL SCHOOL, VETTIKKAVALA, KOTTARAKKARA, KOLLAM. WP(C).No.20882/2010 EXT. P13 : COPY OF INTERIM ORDERS PASSED IN WP(C) 29649/09 AND CONNECTED CASES. EXT. P14 : COPY OF COMMUNICATION DTD. 17.10.11 ISSUED BY CBSE TO PETITIONER. EXT. P15 : LIST OF STUDENTS STUDYING IN STD IX IN THE PETITIONER'S SCHOOL. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20882 OF 2010 --------------------------------------- Dated this the 1st day of December, 2011. J U D G M E N T The petitioner is the Manager of a school which is following CBSE syllabus. The prayer sought for in the writ petition is for grant of No Objection Certificate by the State Government and consequential affiliation by the CBSE. 2. While admitting the writ petition, this Court passed an interim order on 06.07.2010 directing the CBSE (affiliation unit) to process the application received from the petitioner and to conduct inspection, if required, as part of processing of the application. This Court also had put a rider that the CBSE shall not grant affiliation to the petitioner's school pursuant to the inspection conducted without obtaining further orders from the Court. 3. Along with I.A.No.17268/2011, the petitioner has produced Ext.P14, a communication from the Joint Secretary, Affiliation Branch addressed to the petitioner stating that the W.P.(C) No.20882/2010 2 school has been inspected and it has been found eligible for grant of provisional affiliation with the CBSE subject to the final orders of this Court or the issuance of NOC by the State Government. In the said Interlocutory Application, this Court passed an interim order dated 04.11.2011 whereby a direction was issued to the 1st respondent to provisionally allow the students of the petitioner's school to be registered for appearing in the Standard X examination in the light of the fact the school has been found eligible for grant of provisional affiliation and the State has also granted No Objection Certificate. 4. Evidently, the Government has granted No Objection Certificate as seen from the copy of G.O.(MS) No.223/2011/ G.Edn dated 31.10.2011 issued by the General Education (N) Department whereby No Objection Certificate has been granted to five schools and the petitioner's school is serial No.3 therein. Therefore, this writ petition is disposed of with the following direction: Since No Objection Certificate has been granted by the Government, there will be a direction to the 1st respondent to W.P.(C) No.20882/2010 3 take a decision regarding grant of affiliation which will be done within a period of one month from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp