IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 8598 of 2009(T) ------------------------------ PETITIONER: -------------- THE SRI SRI RAVISHANKAR VIDYA MANDIR, KOTESHWARAM TEMPLE ROAD,CHEPPANAM,PANANGAD.P.O, COCHIN-682506, REP.BY ITS CHAIRMAN AND MANAGING COMMITTEE COMMANDAR K.SURESH.V.S.M,I.N(RETD.) BY ADVS. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. DISTRICT EDUCATION OFFICER, ERNAKULAM. 4. CENTRAL BOARD OF SECONDARY EDUCATION, "SHIKSHA KENDRA", NO.2,COMMUNITY CENTER,PREET VIHAR, DELHI-110092, REP. BY ITS SECRETARY. BY SMT. RANI DIOTHIMA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.8598/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF REGISTRATION CERTIFICATE. EXT. P2 : COPY OF G.O(MS) 18/88/G.EDN. DTD. 12.1.88 ISSUED BY R1. EXT. P3 : COPY OF APPLICATION DTD. 4.7.08 SUBMITTED BY PETITIONER BEFORE R4. EXT. P4 : COPY OF G.O.(P) No.107/07/G.EDN. DTD. 13.6.07 ISSUED BY R1. EXT. P5 : COPY OF G.O.(MS) 204/2008/G.EDN. DTD. 15.12.08 ISSUED BY R1. EXT. P6 : COPY OF G.O.(P) No.3/09/G.EDN. DTD. 5.1.09 ISSUED BY R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8598 OF 2009 --------------------------------------- Dated this the 25th day of July, 2011. J U D G M E N T The petitioner, who is the Chairman and the Managing Committee Commander conducting a school, seeks for a direction to the Government to consider the application for grant of No Objection Certificate for affiliation with the Central Board of Secondary Education (4th respondent herein). Various details regarding the physical facilities of the school are given in paragraph 3 of the writ petition. 2. The petitioner submitted an application for affiliation to the Central Board of Secondary Education as evident from Ext.P1. It is averred in the writ petition that the said application was not considered for want of No Objection Certificate from the 1st respondent Government. It is averred in paragraph 6 of the writ petition that the petitioner submitted a fresh application by remitting fee and requested for No Objection Certificate for getting affiliation with the CBSE and Ext.P3 is the copy of the said application which is now said to be pending before the W.P.(C) No.8598/2009 2 Government. 3. Learned counsel for the petitioner submitted that the application submitted by the petitioner is liable to be considered in the light of G.O.(MS) No.137/2011/G.Edn. dated 10.06.2011 where sanction has been accorded for granting No Objection Certificate for getting affiliation with CBSE/ICSE in accordance with the full-fledged guidelines which are prescribed by the Government. Therefore, there will be a direction to the 1st respondent to consider the application of the petitioner for grant of No Objection Certificate in terms of the guidelines to be fixed and as provided in the Government Order dated 10.06.2011 and appropriate decision will be taken within a period of three months. If the petitioner is granted No Objection Certificate, the same will be produced before the 4th respondent for grant of affiliation and an appropriate decision will be taken by the 4th respondent also without further delay. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp