IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19971 of 2011(V) ---------------------------------------- PETITIONER(S): ----------------------- MRS.LALITHAMBA KURUP SECRETARY, AKSHARA EDUCATIONAL AND CHARITABLE SOCIETY, THUNDATHIL, KARIYAVATTOM, THIRUVANANTHAPURAM BY ADV. SRI.K.R.KURUP RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION (AFFILIATION UNIT), AMC CELL, PREETH VIHAR, NEW DELHI, REPRESENTED BY ITS PRINCIPAL OFFICER PIN-110 097. R1 BY GOVT. PLEADER MR.V. VIJULAL. R2 BY ADV. MR.DEVAN RAMACHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19971 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GO(MS) 18/88/G.EDN. DATED 12/01/1988. EXT.P2: COPY OF THE GO(P) 107/07/G.EDN. DATED 13/06/2007. EXT.P3: COPY OF THE ORDER IN SLP (CIVIL) 11666/09 DATED 08/03/2011. EXT.P4: COPY OF THE GO(MS) 137/2011/G.EDN. DATED 10/06/2011. EXT.P5: COPY OF THE RELEVANT EXTRACT OF THE APPLICATION DATED 30/05/2011. EXT.P6: COPY OF THE VISIT REPORT OF THE DEO DATED 08/03/2006. EXT.P7: COPY OF THE REPORT OF THE DPI DATED 02/06/2006. EXT.P8: COPY OF THE CERTIFICATE OF THE SREEKARYAM PANCHAYATH DATED 29/06/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19971/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of July, 2011 J U D G M E N T The petitioner is an applicant for affiliation with the second respondent Central Board of Secondary Education. 2. The main prayer in the writ petition is for a direction to the Government to take a decision on the grant of no-objection certificate. It appears that the petitioner had filed an application sometime back and recently, the petitioner has filed a fresh application as per Ext.P5 dated 30/05/2011. It is averred in the writ petition that along with Ext.P5, the petitioner has also forwarded the visit report of the District Educational Officer, Thiruvananthapuram dated 08/03/2006 and also the report of the Director of Public Instruction, Thiruvananthapuram dated 02/06/2006 recommending the grant of required sanction for No Objection Certificate to the school and, copies of the reports forwarded have been produced as Exts.P6 and P7. W.P.(C). No.19971/2011 -:2:- It is mentioned in para.6 of the writ petition that the Government on receipt of Ext.P5 had sought for a report from the Director of Public Instruction regarding the eligibility and entitlement of the school, and the Director of Public Instruction has forwarded the report to the Government recommending the school for the grant of the required recognition. 3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the second respondent. The learned counsel for the petitioner submitted that in the light of the Government Order dated 10/06/2011, a copy of which has been produced as Ext.P4, according sanction for issuing No Objection Certificate for getting CBSE/ICSE affiliation to schools, which totally fulfills the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities, the Government will to take a decision with regard to the grant of No Objection Certificate. Evidently, going by Ext.P4, the guidelines are to be prescribed by the Department and the learned Government Pleader submitted that the process for finalising the guidelines are going on. W.P.(C). No.19971/2011 -:3:- 4. Therefore, there will be a direction to the Government to take a decision on Ext.P5 application in terms of the guidelines which are to be prescribed in the light of Ext.P4 Government Order within a period of three months and the decision will be communicated to the petitioner and depending upon the same, the petitioner can move the second respondent for affiliation. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms