IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 24088 of 2011(I) -------------------------- PETITIONER(S): --------------- VIMALAGIRI PUBLIC SCHOOL REPRESENTED BY ITS MAMAGER, KUNDUKAD P.O., KARUVANKAD, THRISSUR. BY ADV. SRI.H.HAMZA ROWTHER SRI.JOSEPH SHYLAN RESPONDENT(S): --------------- 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. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 014. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR, 682 001. GOVERNMENT PLEADER, SHRI V.VIJULAL FOR R2 TO R4 SHRI DEVAN RAMACHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, ALONG WITH WPC 24115/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24088 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER FOR GETTING AFFILIATION FOR SESSION 2012-13 EXT.P2 TRUE COPY OF THE GO MS NO.18/88/G.EDN., ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE GO MS NO.204/08/G.EDN. ISSUED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE GO MS NO.3/09/G.EDN. ISSUED BY THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE GO MS NO.82/88/ISSUED BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE AFFIDAVIT SWEAR IN BY THE MANAGER OF THE PETITIONER SCHOOL GIVING THE DETAILS OF THE GOVERNING BODY MEMBERS OF THE TRUST. EXT.P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS COURT IN WPC NO.32026/09 EXT.P7A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS COURT IN WPC 20062/2011 EXT.P8 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPODNENT FOR ISSUING NOC EXT.P9 TRUE COPY OF GO MS 137/2011/G.EDN., DT.10/6/2011 EXT.P10 TRUE COPY OF THE JUDGMENT PASSED BY THIS COURT IN WPC 21860/2010 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.24088/2011-I & 24115/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of September, 2011 J U D G M E N T Both these writ petitions are filed seeking for identical reliefs and, therefore, they are disposed of by common Judgment. The petitioners herein are applicants for affiliation to the first respondent Central Board of Secondary Education (C.B.S.E). True copies of the applications are produced as Ext.P1 in both the writ petitions. They have also submitted applications to the State Government for issuance of No-objection Certificates for getting affiliation which are evidenced by Ext.P8 herein. 2. It is pointed out that the matter was being prolonged because of the refusal on the part of the Government, from time to time, to grant the No- objection Certificate which culminated in the decision of a Division Bench of this Court and finally, the Special Leave Petitions have been disposed of by the Apex Court in the light of the recent Government Order, W.P.(C). Nos.24088/2011 & 24115/2011 -:2:- namely, G.O.(MS).No.137/2011/G.Edn., dated 10/06/2011, a copy of which is produced as Ext.P9 herein. 3. The learned counsel for the petitioners sought for a direction to the Government to consider their applications in terms of the guidelines to be prescribed as per the said Government Order. 4. The learned Government Pleader submitted that the guidelines have yet to be finalised and the process is going on. 5. Evidently, the District Educational Officer will have to visit the school and forward the report to the Government for considering the applications of the petitioners. Therefore, there will be a direction to the District Educational Officer, namely, the fourth respondent herein, to conduct the inspection of the schools of the petitioners, forward the reports along with the applications of the petitioners to the Government within one month from the date of receipt of a copy of this Judgment and the Government will consider the applications of the petitioners in W.P.(C). Nos.24088/2011 & 24115/2011 -:3:- accordance with the guidelines to be prescribed within a further period of three months. If the Government finally grants the No-objection Certificates, the petitioners can produce the same before the first respondent for appropriate action. The petitioners will produce a copy of the writ petition along with a certified copy of the Judgment before the respective respondents for compliance. The writ petitions are disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms