IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25081 of 2011(I) -------------------------- PETITIONERS: ------------------- THE LEMER PUBLIC SCHOOL, REPRESENTED BY ITS MANAGER MOHAMMED ALI- I.T., AGED 64 YEARS, S/O.SHRI.ISMAIL THEPARAMBIL, THRIPRAYAR, NATTIKA PO., THRISSUR - 680 566 (RESIDING AT IV/180-A, THEPARAMBIL HOUSE, DR.AMBEDKAR ROAD, THRITHALLOOR, VATANAPPALLY, THRISSUR DISTRICT). BY ADV. SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE SRI.K.M.ABDUL MAJEED RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN 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 SHRI V.VIJULAL FOR R1 SHRI DEVAN RAMACHANDRAN FOR R2(SC-CBSE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, ALONG WITH W.P.(C)No.25084/11, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.25081/11 PETITIONER(S) EXHIBITS EXT.P-1 A PHOTOSTAT COPY OF THE GOVERNMENT ORDER (MS) NO.18/88 DATE 12.1.1988 ISSUED BY THE FIRST RESPONDENT. EXT.P-2 A PHOTOSTAT COPY OF THE COVERING LETTER DATED 13.11.2007 ALONG WITH CHALAN RECEIPT FURNISHED BY THE PETITIONER ALONG WITH APPLICATION FOR NOC TO THE FIRST RESPONDENT. EXT.P-3 A PHOTOSTAT COPY OF THE JUDGEMENT DATED 5.11.2007 IN WRIT PETITION (CIVIL) NO.29407 OF 2007 (A). EXT.P-4 A PHOTOSTAT OF THE INTERIM ORDER DATED 13.6.2008 IN WRIT PETITION (CIVIL) NO.8780 OF 2008 (T). EXT.P-5 A PHOTOSTAT COPY OF THE ONLINE REGISTRATION CERTIFICATE NO.SL-00140-0910 DATED 26.9.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER SCHOOL. EXT.P-6 A PHOTOSTAT COPY OF THE GOVERNMENT ORDER (RT) NO.5768/07G.EDN.DATED 18.12.2007 ISSUED BY THE FIRST RESPONDENT. EXT.P-7 PHOTOSTAT COPY OF THE GOVT.ORDER (MS) NO.204/08/G.EDN DATED 15.12.2008 ISSUED BY THE IST RESPONDENT. EXT.P-8 PHOTOSTAT COPY OF THE GOVT.ORDER (MS) NO.3/09/G.EDN DATED 5.1.2009 ISSUED BY THE IST RESPONDENT. EXT.P-9 PHOTOSTAT COPY OF THE COMMON JUDGMENT DATED 6.4.2009 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.8780 OF 2008 (T) AND OTHER CONNECTED CASES. EXT.P-10 PHOTOSTAT COPY OF THE GOVERNMENT ORDER (MS) NO.137/2011/G.EDN DATED 10.6.2011 ISSUED BY THE FIRST RESPONDENT. EXT.P-11 PHOTOSTAT COPY OF THE ORDER OF THE HONOURBLE SUPREME COURT OF INDIA DATED 18.7.2011 IN SLP NOS.11666 - 11667 OF 2009. EXT.P-12 PHOTOSTAT COPY OF THE PETITION SUBMITED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 7.9.11 RESPONDENTS' EXHIBITS :NIL TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)Nos.25081 & 25084 of 2011 -------------------------------------------------- DATED THIS THE 23rd DAY OF SEPTEMBER, 2011 J U D G M E N T In both these Writ Petitions, the respective institutions are seeking for issuance of No Objection Certificate by the 1st respondent-State of Kerala for getting affiliation with the Central Board of Secondary Education. 2. Heard the learned Senior Counsel for the petitioners Shri T.P.M.Ibrahim Khan and the learned Government Pleader Shri V.Vijulal. 3. The learned Senior counsel for the petitioners submitted that in spite of the orders passed by the Apex Court produced as Exhibit P11 in W.P.(C)No.25081/11, there is unreasonable delay in the finalisation of the matter. 4. The learned Government Pleader submitted that the Apex Court disposed of the Special Leave Petitions in terms of the changed policy contained in G.O.(MS)No.137/11/G.Edn. dated 10.6.2011 and the formulation of guidelines is at the final stage. 5. The learned Senior Counsel for the petitioners W.P.(C)Nos.25081 & 25084/11 -2- requested that the Government may be directed to finalise the matter within a stipulated time. The learned Government Pleader submitted that the applications will be considered and a decision will be taken after the formulation of the guidelines within a period of two months. The same is recorded. 6. There will be a direction to the 1st respondent to consider the applications of the petitioners for grant of No Objection Certificate and take a final decision in the matter in the light of the relevant guidelines within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn