IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 19491 of 2010(J) ------------------------------- PETITIONER: -------------- MANAGER, HOLY FAMILY CONVENT PUBLIC SCHOOL, BADAIDKA, KASARAGOD DISTRICT, PIN-671 121, KERALA. BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM-695 039. 2. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), A.M.C.CELL, PREETH VIHAR, DELHI-110092 REPRESENTED BY ITS CHAIRMAN/ PRINCIPAL OFFICER. 3. SECRETARY, CENTRAL BOARD OF EDUCATION, AFFILIATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY, CENTRE PREET VIHAR, DELHI-110092. 4. DISTRICT EDUCATIONAL OFFICER, KASARAGOD DISTRICT, PIN 671 121. 5. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 014. SRI. DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19491/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ONLINCE CERTIFICATE OF REGISTRATION OF APPLICATION OF SCHOOL WITH CBSE. EXT. P2 : COPY OF COVERING LETTER DTD. 19.4.10 SUBMITTED BY PETITIONER TO District Educational Officer. EXT. P3 : COPY OF COVERING LETTER DTD. 19.4.10 SUBMITTED BY PETITIONER TO STATE GOVT. EXT. P4 : COPY OF APPLICATION 17.4.10 IN THE ONLINE FORMAT. EXT. P5 : COPY OF CHALAN RECEIPT. EXT. P6 : COPY OF LETTER DTD. 10.5.10 OF District Educational Officer, KASARAGOD. EXT. P7 : COPY OF RELEVANT PORTION OF BYE LAWS OF STATE GOVT. DEALING WITH MINORITY INSTITUTIONS. EXT. P8 : COPY OF G.O.(MS) 18/88/G.EDN DTD. 12.1.88. EXT. P8(a) : COPY OF G.O.(P) 107/07/G.EDN. DTD. 13.6.07. EXT. P8(b) : COPY OF G.O.(MS) No.204/08/G.EDN. DTD. 15.12.08. EXT. P8(c) : COPY OF G.O.(MS)No.3/09/G.EDN DTD. 5.1.09. EXT. P9 : COPY OF G.O.(Rt) 1977/09/G.EDN DTD. 23.5.09. EXT. P10 : COPY OF JUDGMENT DTD. 6.9.99 IN WP(C) 835/99 OF JAMMU AND KASHMIR HIGH COURT. EXT. P11 : COPY OF APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR OBTAINED FROM THE WEBSITE OF CBSE. EXT. P12 : COPY OF AFFIDAVIT DATED 30.4.08 OF SECRETARY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD. EXT. P12(a) : COPY OF LAND CERTIFICATE OF TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD. WP(C).No.19491/2010 EXT. P12(b) : COPY OF ORDER DTD. 26.3.08 SANCTIONING AFFILIATION TO SAID TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. EXT. P13 : COPY OF APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, KADAKKAL TO CBSE. EXT. P14 : COPY OF LETTER OF CBSE CONSTITUTING THE INSPECTION COMMITTEE DTD. 23.2.09. EXT. P15 : COPY OF APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL AT VETTIKKAVALA, KOLLAM. EXT. P16 : COPY OF ON LINE CERTIFICATE EVIDENCING THE CONSTITUTION OF INSPECTION COMMITTEE AS ON 272.09. EXT. P17 : COPY OF ORDER DTD. 11.12.09 IN WP(C) 35361/09. EXT. P18 : COPY OF ORDER DTD. 9.4.10 IN WP(C) 32902/08. EXT. P19 : COPY OF G.O.(MS) 137/11/G.EDN. DTD. 10.6.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19491 OF 2010 --------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T It is a case where the petitioner seeks for a direction to the 2nd respondent to grant affiliation and the Government to grant No Objection Certificate for affiliation with the 2nd respondent Central Board of Secondary Education (CBSE). The applications filed by the petitioner before the District Educational Officer for routing it to the State Government are produced as Exts.P2 to P4 and Ext.P5 evidences remittance of amount. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner brought to my notice Ext.P19, a recent Government Order dated 10.06.2011 whereby the Government has accorded 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. W.P.(C) No.19491/2010 2 3. In the light of the above, the petitioner prays that the District Educational Officer may be directed to process the application and forward a report to the Government through proper channel within a time frame and the Government may be directed to take a decision also within a time frame. There will be a direction to the 4th respondent to process the application of the petitioner and forward report to the Government through proper channel within a period of three weeks from the date of receipt of a copy of this judgment and on getting the papers, the Government will take a final decision in terms of the guidelines to be issued as stated in Ext.P19 Government Order within a further period of three months. All the contentions of the petitioner are left open. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp