IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 14343 of 2009(K) ---------------------------------- PETITIONER(S): ------------------- THE TAGORE CENTRAL SCHOOL (TCS), REPRESENTED BY ITS PRINCIPAL C.S.ARAVIND, AGED 57 YEARS, S/O.SHRI.V.M.CHANDRASEKHAR, VETTUVENI, HARIPAD P.O, ALAPPUZHA DISTRICT 690514 (RESIDING AT 'GEETHANJALI', PELA P.O., MAVELIKARA, ALAPPUZHA DISTRICT). BY SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. R1 & R2 BY GOVT.PLEADER SMT.NISHA BOSE R3 BY ADV. SRI.DEVAN RAMACHANDRAN, SC. CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, ALONG WITH WPC NO. 32473 OF 2010 WPC.NO.12983/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 14343/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GOVERNMENT (M.S) NO.18/88 DATED 12/01/1988 ISSUED BY THE FIRST RESPONDENT. P2: COPY OF COVERING LETTER DATED 29/04/2008 AND THE LIST OF DOCUMENTS ATTACHED TO THE NOC APPLICATION SENT BY THE PETITIONER TO THE D.E.O. ALAPPUZHA ALONG WITH CHALLAN RECEIPT. P3: COPY OF THE JUDGMENT DATED 06/04/2009 PASSED BY THIS HON'BLE COURT IN WPC NO.5132/2009 AND OTHER CASES. P4: COPY OF REPRESENTATION DATED 13/04/2009 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.14343/2009-K, 12983/2010-W & 32473/2010-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16 th day of August, 2011 J U D G M E N T The petitioners are seeking for grant of affiliation by the Central Board of Secondary Education (C.B.S.E) after the State Government grants No- objection Certificate (N.O.C). 2. Heard the learned Senior Counsel appearing for the petitioners and the learned Government Pleader. 3. In W.P.(C).No.12983/2010, the petitioner has produced along with I.A.No.12907/2011, copies of the order issued by the Supreme Court in S.L.P.Nos.11666- 11667/2009 (Ext.P5) and G.O.(MS).No.137/2011/G.Edn., dated 10/06/2011 (Ext.P6). 4. The learned Senior Counsel for the petitioners submitted that the Government may be directed to take a decision on the applications for N.O.C. in the light of the Government Order dated 10/06/2011, produced as Ext.P6 in W.P.(C).No.12983/2010 and in W.P.(C). No.32473/2010. It is further submitted that the W.P.(C). Nos.14343/2009-K, 12983/2010-W & 32473/2010-H -:2:- petitioners have filed separate representations in the matter also. 5. In the Government Order dated 10/06/2011, the Government have accorded sanction for issuing N.O.C for getting C.B.S.E/I.C.S.E affiliation to schoo1s which totally fulfills the norms and conditions prescribed by C.B.S.E/I.C.S.E and having own land and basic facilities. It is also mentioned that the guidelines will be issued by the Department. 6. There will be a direction to the Government to take appropriate decision in accordance with the guidelines to be framed, in terms of the Government Order dated 10/06/2011, and the directions issued by the Apex Court in the matter within a period of three months. The writ petitions are disposed of as above. No costs. Issue copy urgently. (T.R. Ramachandran Nair, Judge.) ms