IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 21369 of 2011(U) ------------------------------------- PETITIONER: THE BHARATHIYA VIDYA BHAVAN (TRIPRAYAR KENDRA),KANJANI-P.O.,THRISSUR DISTRICT- 680 612, REP.BY ITS HONORARY SECRETARY, P.K.AJAYA KUMAR, AGED 48 YEARS, SON OF KUMARAN, RESIDING AT PUDUKULANGARA HOUSE, KOTTEKKAD.P.O., KUTTOOR, THRISSUR-680 013. BY SR. ADV. SRI.T.P.M.IBRAHIM KHAN ADV. SRI.K.M.ABDUL MAJEED RESPONDENTS: 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION(N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. BY GOVT. PLEADER SRI.T.T.MUHAMMED FOR R1 ADV SRI.DEVAN RAMACHANDRAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 21369/2011 PETITIONER'S EXHIBITS: EXT. P1 PHOTOCOPY OF THE GO (MS) 18/88 DT. 12.2.88 ISSUED BY THE FIRST RESPONDENT EXT. P2 PHOTOCOPY OF THE COVERING LETTER NO.BVB/TPR/2006/NOC DT. 24.8.07 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT ALONG WITH THE LIST OF ANNEXURES AND CHALAN RECEIPT EXT. P3 PHOTOCOPY OF THE LETTER NO.CBSE/AFF/SL-00746-0809/2010/230198 DT. 25.3.10/5.4.10 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXT. P4 PHOTOCOPY OF THE JUDGMENT DT. 6.4.09 OF THE HON'BLE COURT IN WPC 34184/07 EXT. P5 PHOTOCOPY OF THE GO (MS) 204/08/G.EDN DT. 15.12.08 ISSUED BY R1 EXT. P6 PHOTOCOPY OF THE GO (MS) 3/2009/G.EDN. DT. 5.1.09 ISSUED BY R1 EXT. P7 PHOTOCOPY OF THE ORDER OF THE HONOURABLE SUPREME COURT OF INDIA DT. 18.7.11 IN SLP 11666-11667 OF 2009 EXT. P8 PHOTOCOPY OF THE GO (MS)137/2011/G.EDN. DT. 10.6.11 ISSUED BY R1 EXT. P9 PHOTOCOPY OF THE JUDGMENT DT. 27.6.11 BY THIS HONOURABLE COURT IN WPC 8261/10 EXT. P10 PHOTOCOPY OF THE GO (Rt) 2534/2011/G.EDN. DT. 4.7.11 ISSUED BY R1 EXT. P11 PHOTOCOPY OF THE PETITION SUBMITTE DBY THE PETITIONER BEFORE R1 DT. 27.7.11 /TRUE COPY/ T.R.Ramachandran Nair, J. ------------------------------------------- W.P.(C) No.21369 of 2011 U ------------------------------------------- Dated this the 17th day of August, 2011 JUDGMENT This writ petition is filed by the petitioner who is seeking affiliation with the Central Board of Secondary Education after getting No Objection Certificate from the first respondent. 2. It is pointed out by the learned Senior Counsel appearing for the petitioner that petitioner had already fulfilled all the conditions stipulated by the CBSE for affiliation, except production of NOC. Exhibit P2 is the covering letter, which shows that petitioner has approached the first respondent in the matter. 3. It is the case of the petitioner that pursuant to the interim order passed by this Court in W.P.(C)No.34184/2007, the second respondent-CBSE had conducted an inspection of the petitioner's school and it has been found eligible for grant of provisional affiliation with the CBSE subject to the final orders passed by this Court or the issuance of NOC by the State Government. Exhibit P3 shows that they have recommended for grant of affiliation. 4. Exhibit P4 is the judgment in a batch of cases, where this Court considered the challenge against the guidelines prescribed by the Government. Therein, a direction was issued by this Court to WPC 21369/2011 2 consider the applications for NOC within a period of two months. Thereafter, the matter was taken up before the Apex Court by the State Government. The Special Leave Petitions have been finally disposed of by Exhibit P7 order. 5. Petitioner's application, along with the applications of certain other schools, stands rejected by the Government as per Exhibit P10 order. It is pointed out by the learned Senior Counsel appearing for the petitioner that the finding entered by the Government that there is no educational need in the locality cannot be a ground, going by Exhibit P1 guidelines, for rejecting the applications. Learned Government Pleader pointed out that after the issuance of Exhibit P8 order, a new guideline has not been framed so far. 6. Petitioner herein had already filed a representation as Exhibit P11 for reconsidering the application. 7. Evidently, going by Exhibit P8 order, Government has framed a new policy and has accorded sanction for issuing NOC for getting CBSE affiliation to the schools, which totally fulfill the norms and conditions prescribed by the CBSE and having own land and basic facilities. In fact, issuance of the said order has been noticed by the Apex Court while disposing of the Special Leave Petitions as per Exhibit P7 order. WPC 21369/2011 3 8. Therefore, the matter will be reconsidered by the Government as prayed for by the petitioner in view of the guidelines issued or any new guideline which will be prescribed by the Government. Learned Senior Counsel points out that in the light of Exhibit P1 guidelines, petitioner is entitled for grant of NOC. All these aspects will be considered by the Government and appropriate action will be taken within a period of three months. 9. One of the contentions raised by the learned Senior Counsel for the petitioner is that the reasons stated in Exhibit P10 order are totally extraneous and they are not covered by the guidelines prescribed in the matter. Various issues will be considered by the Government while passing final orders and Exhibit P10 order will not stand in the way of the Government in considering the matter appropriately. The writ petition is accordingly disposed of. (T.R.Ramachandran Nair, Judge) tkv