IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 6715 of 2011(L) ------------------------- PETITIONER(S): --------------- MANAGER, SRI SAI VIDYA BHAVAN, P.O.P VEMBALLUR-680 671, KODUNGALLOR, THRISSUR DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S): --------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), A.M.C. CELL, PREETH VIHAR, DELHI-110 092, REPRESENTED BY ITS CHAIRMAN/PRINCIPAL OFFICER. 2. SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION BRANCH) SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREETH VIHAR, DELHI-110 301. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA-680 121. 5. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014. GOVERNMENT PLEADER, SMT.NISHA BOSE FOR R3 TO 5 SHRI DEVAN RAMACHANDRAN FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 6715/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 COPY OF THE PROSPECTUS OF THE SCHOOL. EXT.P1(a) PHOTOGRAPH OF THE SCHOOL. EXT.P1(b) COPY OF GO MS 18/88/G.EDN., DT.12/01/1988 EXT.P2 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM. EXT.P2(a) COPY OF ON LINE REGISTRATION SL 01075-1112 EXT.P2(b) COPY OF THE LETTER NO.B1 10879/07/LDIS DT.14/12/2007 EXT.P2(c) COPY OF COMMUNICATION NO A6 8776/10 DT.1/11/2010 ALONG WITH THE INSPECTION REPORT OF THE DEO IRINJALAKUDA EXT.P3 COPY OF THE GO MS 204/08/G.EDN., DT.15/12/2008 EXT.P4 COPY OF THE GO MS 3/09/G.EDN. DT.5/1/2009 EXT.P5 COPY OF GO MS 82/88/G.EDN. DT.15/04/1988 EXT.P6 COPY OF APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR, OBTAINED FROM THE WEB SITE OF CBSE. EXT.P7 COPY OF THE LAND CERTIFICATE DT.30/06/2007 EXT.P8 COPY OF ORDER DT.26/03/2008 SANCTIONING AFFILIATION TO THE SAID TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. EXT.P9 COPY OF THE APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, VETTIKKAVALA , KOLLAM EXT.P9(a) COPY OF THE APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, KADAKKAL. EXT.P10 COPY OF THE AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL, KADAKKAL EXT.P10(a) COPY OF AFFILIATION GRANTED TO TDB CENTRAL SCHOOL, VETTIKKAVALA, KOTTARAKKARA, KOLLAM EXT.P11 COPY OF THE INTERIM ORDER DT.11/1/2011 PASSED IN WPC NO.875/2011 EXT.P12 COPY OF THE COMMUNICATION DT.29/11/2011 ISSUED BY CBSE EXT.P13 COPY OF APPLICATION SUBMITTED TO THE 4TH RESPONDENT WITH COPIES TO RESPONDENTS 3 AND 5 EXT.P14 COPY OF THE VISIT REPORT OF THE 4TH RESPONDENT MADE IN THE VISITOR'S DIARY OF THE PETITIONER'S SCHOOL. RESPONDENTS' EXTS: NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6715/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of December, 2011 J U D G M E N T The petitioner, who is the Manager of a school has filed this writ petition seeking for a direction to the first respondent to grant affiliation with the Central Board of Secondary Education (C.B.S.E) to the petitioner's school without insisting for the No Objection Certificate (N.O.C) of the State Government. 2. By interim order dated 04/03/2011, this Court directed the CBSE to process the application, to inspect the site after calling for the records and collecting necessary data. 3. Along with I.A.No.20385/2011, the petitioner has produced Ext.P12 communication of the C.B.S.E stating that upon inspection of the school, it has been found eligible for grant of provisional affiliation with the CBSE subject to final orders to be passed by this Court or the issuance of NOC by the State Government. It is averred in the affidavit that based on the revised application submitted by the petitioner W.P.(C). No.6715/2011 -:2:- for NOC, the fourth respondent-District Educational Officer has conducted a visit and has forwarded his report along with the application as per File No.B1- 10598 dated 08/12/2011 to the Director of Public Instruction and the matter is now pending before the said Officer. The learned counsel for the petitioner therefore, prayed that the fifth respondent may be directed to forward the application along with Annexures and Report to the Government for a decision at the earliest. 4. Therefore, the writ petition is disposed of directing the fifth respondent to forward the application of the petitioner along with the report including Ext.P14 report of the District Educational Officer dated 24/11/2011 to the Government within a period of two weeks from the date of receipt of a copy of this Judgment and, thereafter, the Government will take appropriate decision in the matter within a further period of three weeks after receipt of the records from the office of the Director of Public Instruction. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms