IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32907 of 2011(K) -------------------------- PETITIONER(S): --------------- THE MANAGER, KUTHUBIYYA ENGLISH MEDIUM SCHOOL, PUTHUR, PANOOR, THALASSERY, KANNUR-670 692. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TVM. - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-695 014. 3. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR - 670101. 4. THE PRINCIPAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION BRANCH) SHIKSHA KENDRA, 2-COMMUNITY CENTRE, DELHI - 110 301. 5. THE ASST. SECRETARY, DO. DO. R1 TO R3 BY ADDL.A.G. SHRI K.A. JALEEL R4 & R5 SHRI DEVAN RAMACHANDRAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF JUDGMENT IN WPC 18735/2007 DT.14.9.2007 EXT.P2-TRUE COPY OF JUDGMENT IN WA 2563/2007DT. 10.4.2008 EXT.P3- TRUE COPY OF THE ORDER IN SLP (CIVIL0 NOS.15440-15464/2008 OF THE HON'BLE APEX COURT DT. 18.7.2011 EXT.P4-TRUE COPY OF INTERIM ORDER IN WPC 35515/2007 DT. 30.11.2007 EXT.P5-TRUE COPY OF JUDGMENT IN WPC 335515/2007 DT. 1.8.2011 EXT.P6-TRUE COPY OF COVERING LETTER OF MANAGER BEFORE THE GOVT. DT. 31.10.2011 EXT.P7-TRUE COPY OF DO. BEFORE THE DPI DT. 31.10.2011 EXT.P8-TRUE COPY OF ORDER OF R2 DT.15.5.2006 EXT.P9-TRUE COPY OF VISIT REPORT OF DEO DT.3.3.2006 EXT.P10-TRUE COPY OF RE-VISIT REPORT OF DEO EXT.P11-TRUE COPY OF RECOMMENDATION LETTER OF THE SECRETARY, KUNNOTHUPARAMBA GRAMA PANCHAYAT DT.29.10.2011 EXT.P12-TRUE COPY OF LETTER OF CBSE DT.4.11.2008 EXT.P13-TRUE COPY OF DATAS OF LANDED PROPERTY EXT.P14-TRUE COPY OF TOTAL STATION SURVEY REPORTs EXT.P15-TRUE COPY OF TOTAL NUMBER OF STUDENTS DATAS PREPARED BY THE PRINCIPAL OF THE SCHOOL EXT.P16-TRUE COPY OF DATAS OF SCHOOL LIBRARY DT.31.10.2011 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32907 of 2011-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2011. JUDGMENT The petitioner is an applicant for grant of NOC for affiliation to the Central Board of Secondary Education. The averments in the writ petition show that initially the petitioner had submitted an application after starting the school, in the year 1999. The said application was directed to be considered by Ext.P1 judgment which was challenged by the Government in W.A. No.2563/2007 The writ appeal was dismissed by a Division Bench of this Court. The Government approached the Apex Court and Ext.P3 is the copy of the order passed by the Apex Court, by which three months time was granted to dispose of the matter. 2. It is the case of the petitioner that the school satisfies the various guidelines which were in existence at that point of time. The petitioner had earlier approached this Court by filing W.P.(C) No.35515/2007. Ext.P4 is the copy of the interim order passed in the said case and Ext.P5 is the copy of the final judgment wherein the Government is directed to take a WPC 32907/2011 2 decision within three months. 3. Exts.P6 and P7 are covering letters forwarding fresh application by the petitioner in accordance with the new guidelines. It is the case of the petitioner that subsequently the Educational Officer had furnished visit and re-visit reports stating that the petitioner's school is eligible for NOC for affiliation to the CBSE. Exts.P9 and P10 are the visit and revisit reports and Ext.P8 is the communication issued by the Director of Public Instruction as regards the applications of the petitioner, in the year 2006. 4. It is the case of the petitioner that the petitioner's school has complied with all the formalities, but even though applications have been allowed in respect of similar other applicants, the applications of the petitioner are still kept pending. 5. Heard learned Additional Advocate General appearing for the State. 6. It is submitted that the applications of the petitioner will be considered in terms of the new guidelines and in terms of the directions issued by this Court in the earlier judgments. 7. Therefore, there will be a direction to the first respondent to consider the claim of the petitioner for grant of NOC, after considering the reports furnished by the various authorities and take a final decision and WPC 32907/2011 3 communicate the same to the petitioner within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/