IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 22051 of 2011(F) -------------------------- PETITIONER: --------------- THE ST.MARY'S PUBLIC SCHOOL, REP.BY ITS MANAGER FR.RAJU MARKOSE, AGED 46 YEARS, SON OF SHRI K.MARKOSE, MANGALAM DAM, PALAKKAD DISTRICT- 678 706, (RESIDING AT PUDUSSERIL HOUSE, MANGALAM DAM P.O., PALAKKAD DISTRICT-678 706). BY ADV. SRI.K.M.ABDUL MAJEED RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. BY SC FOR CBSE SHRI DEVAN RAMACHANDRAN FOR R1 GOVT.PLEADER SHRI V.VIJULAL FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, ALONG WITH 22069/11 & CON.CASE THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.22051/11 PETITIONER'S EXTS: EXT.P1: COPY OF GOVERNMENT ORDER(MS)NO.18/88 DT.12.1.88 ISSUED BY THE FIRST RESPONDENT. EXT.P2: COPY OF COVERING LETTER DT.28.2.06 OF THE APPLICATION FOR NOC ALONG WITH LIST OF DOCUMENTS AND CHALAN RECEIPT. EXT.P3: COPY OF JUDGMENT DT.12.5.09 IN W.P.(C)NO. 13182/09. EXT.P4: COPY OF INTERIM ORDER DT.1.7.10 IN W.P.(C)NO. 20470/10. EXT.P5: COPY OF LETTER NO.CBSE/AEF/SL/-01558-1011/2011/320392 DT.16/22.6.11 ISSUED BY THE SECOND RESPONDENT. EXT.P6: COPY OF ORDER A5-5798/09 DT.1.9.08 ISSUED BY THE DISTRICT EDUCATION OFFICE, PALAKKAD. EXT.P7: COPY OF LETTER NO.NIL DT.17.10.08 ISSUED BY THE PETITIONER TO THE DPI, THIRUVANANTHAPURAM. EXT.P8: COPY OF LETTER NO.A5/7550/07 DT.23.11.07 ISSUED BY THE DEO, PALAKKAD. EXT.P9: COPY OF VISIT REPORT DT.22.2.06 ISSUED BY THE DEO, PALAKKAD. EXT.P10: COPY OF PROFORMA OF SURVEY REPORT ISSUED BY THE DEO, PALAKKAD. EXT.P11: COPY OF GO(MS)NO.204/08/G.E. DT.15.12.08 ISSUED BY THE 1ST RESPONDENT. EXT.P12: COPY OF GO(MS)NO.3/09/G.EDN. DT.5.1.09 ISSUED BY THE 1ST RESPONDENT. EXT.P13: COPY OF COMMON JUDGMENT DT.6.4.09 OF THIS COURT IN W.P.(C) NO.8724/08 AND OTHER CONNECTED CASES. EXT.P14: COPY OF GO(MS)NO.137/2011/G.EDN. DT.10.6.11 ISSUED BY THE FIRST RESPONDENT. EXT.P15: COPY OF ORDER OF THE HONOURABLE SUPREME COURT OF INDIA DT.18.7.11 IN SLP NOS.11666-11667/09. EXT.P16: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.5.8.11. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)Nos.22051/11-F, 22066/11-G & 22069/11-G -------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 J U D G M E N T The petitioners in these Writ Petitions are seeking for grant of No Objection Certificate to get affiliation as CBSE Schools. 2. It is averred in the Writ Petitions that the petitioners submitted applications before the educational authorities and have approached this Court by filing Writ Petitions which were disposed of by a common judgment, Exhibit P8 produced in W.P.(C) No.22051/11. Thereafter the matter was taken up before the Apex Court and the Apex Court disposed of the Special Leave Petitions 11666-11667/2009 as evident from Exhibit P15 order. 3. The Apex Court's order, notices the fact that the Government has made a new policy contained in G.O.(MS) No.137/2011/G.Edn. dt.10.6.2011 whereby Government has accorded 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. Recording the said subsequent development, the W.P.(C)No.22051/11 & con.cases -2- Special Leave Petitions have been dismissed. Thereafter, the petitioners have filed representations before the Government which are produced as Exhibit P16 in W.P.(C)No.22051/11, and Exhibits P8 and P11 respectively in W.P.(C)Nos.22066/11 and 22069/11. 4. Therefore, the applications will have to be considered by the Government in accordance with the guidelines to be framed as per the Government Order dated 10.6.2011. If these applications are pending before the respective Educational Officers, they will be forwarded to the Government for consideration within a period of three weeks from the date of production of a copy of this judgment by the respective petitioners and thereafter the Government will take a decision within a further period of three months. The petitioners will forward a copy of the respective Writ Petitions along with a copy of this judgment to the Government. The petitioners will communicate this judgment to the respective Educational Officers also for compliance. The Writ Petitions are disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn