IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 36279 of 2008(R) -------------------------- PETITIONER(S): --------------- 1. THIRUVAMBADY DEVASWOM, REP. BY ITS PRESIDENT, THIRUVAMBADY DEVASWOM BUILDING, NO.25/1085, SWARAJ ROUND, ROUND WEST, THRISSUR - 680 001. 2. SANDEEPANI VIDYANIKETAN, KUTTUMUKKU, THRISSUR - 680 631, REPRESENTED BY ITS MANAGER. BY ADV. SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATION OFFICER, THRISSUR 4. THE CHIEF EXECUTIVE/SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS (ICSE), PRAGATHI HOUSE, 3RD FLOOR, 7-48 NEHRU PLACE, NEW DELHI. ADV. SRI.V.V.RAJA VIJAYARAGHAVAN FOR R4 SRI.R.RANJITH FOR R4 ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD (SR) FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. -------------------------------- W.P.(C).No.36279 OF 2008 -------------------------------- Dated this the 15th day of January, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners have approached this Court challenging Ext.P11 order of the Government rejecting their applications for No Objection Certificate for affiliation of their school to ICSE. The said application was rejected mainly relying on Clause 12 of Ext.P12 G.O. The petitioner submits, the Division Bench decision of this Court in W.P.(C) No.32141/2008 has held that Clause (xii) of Ext.P12 is not applicable when the Government considers the question of granting NOC to ICSE affiliation. Therefore, they prayed the writ petition may be disposed of interms of the directions in W.P.(C) No.32141/2008. 2. The learned Advocate General appearing for the State submitted that after the said decision of this Court the Government have issued G.O.(MS) No.204/08/GEdn. dated 15.12.2008 (as amened by G.O.(MS) No.3/09/GEdn. dated W.P.(C) No.36279/2008 2 05.01.2009) introducing certain amendments to Ext.P12 G.O. Those amendments require compliance of additional conditions for grant of NOC. 3. The learned counsel for the petitioner submitted that the said G.O. can apply only to applications made after the issuance of that G.O. Dated 15.12.2008. This submission is seriously disputed by the learned Advocate General. We feel that whether the said G.O. should be applied while considering the petitioner's application is itself a matter which the Government may decide after hearing the petitioner or their representatives. At present we do not propose to decide a hypothetical issue. In the result, Ext.P11 is quashed and the writ petition is disposed of ordering that the directions in W.P.(C) No.32141/2008 will govern this case also. In other words, the Government shall reconsider the applications of the petitioners for affiliation without relying on Clause (xii) of Ext.12. But, whether the conditions imposed as per the new G.O. Dated W.P.(C) No.36279/2008 3 15.12.2008, mentioned above, should be made applicable while disposing of the petitioners' application for NOC, is a matter to be decided by the Government having regard to the contentions of the petitioners on the said point. (K.BALAKRISHNAN NAIR, JUDGE) (K.SURENDRA MOHAN, JUDGE) ps