IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 25699 of 2011(J) -------------------------- PETITIONER(S): --------------- BHAVANS VIDYA MANDIR, KOLAIKKAD, MANNAPRA, REPRESENTED BY THE ADMINISTRATIVE OFFICER OF PUTHUCODE KENDRA OF BHARATHIYA VIDYA BHAVAN, PUTHUCODE, PALAKKAD- K.MURALEEDHARAN. BY ADV. SRI.V.V.ASOKAN SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 033. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, VAZHUTHAKKAD, TRIVANDRUM-695014. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678 685. 4. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), AMC CELL, (AFFILIATION MONITORING CELL), PREETHI VIHAR, NEW DELHI- 110 002. GOVERNMENT PLEADER, SHRI V.VIJULAL SHRI DEVAN RAMACHANDRAN, SC FOR CBSE-R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25699 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE AFFILIATION BYE LAWS OF CBSE EXT.P2 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DT.24/07/2008 EXT.P3 TRUE COPY OF THE INSTRUCTIONS ISSUED BY CBSE FOR SUBMISSION OF APPLICATION FOR AFFILIATION. EXT.P4 TRUE COPY OF THE JUDGMENT IN WPC 4149/2007 AND CONNECTED CASES DT.14/09/2007 EXT.P5 TRUE COPY OF THE JUDGMENT IN WA 2513/2007 AND CONNECTED CASES DT.10/04/2008 EXT.P6 TRUE COPY OF THE COMMUNICATION OF THE CBSE TO THE PETITIONER DT.25/03/2010 EXT.P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE APPLICATION IN FORM III ALONG WITH THE COVERING LETTER SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DT.21/05/2011 EXT.P8 TRUE COPY OF THE INSPECTION REPORT OF THE SPECIAL TEAM DT.2/6/2011 EXT.P9 TRUE COPY OF GO (MS) NO.137/2011/G.EDN. DT.10/6/2011 EXT.P10 TRUE COPY OF THE JUDGMENT IN WPC 11811/2010 DT.27/6/2011 EXT.P11 TRUE COPY OF THE GOVERNMENT ORDER GO RT NO.2534/2011/G.EDN. DT.4/7/2011 EXT.P12 TRUE COPY OF THE ORDER OF THE SUPREME COURT OF INDIA IN SLP NO.15464/2008 AND CONNECTED CASES DT.18/07/2011 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25699/2011-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of September, 2011 J U D G M E N T In this writ petition, the petitioner-school is seeking for the grant of No-objection Certificate (N.O.C) for getting affiliation to the Central Board of Secondary Education (C.B.S.E). 2. The petitioner has stated in detail the various steps taken by the petitioner-school in the matter. It is claimed that the school is situated in the property having 11.8 acres at Kolaikkad, Mannapra. It is averred in para.10 of the writ petition that the petitioner submitted the application before the first respondent on 26/06/2008 for grant of N.O.C. Ext.P2 is the report said to have been forwarded by the third respondent. Thereafter, the matter was protracted because of the various actions taken by the Government not to grant N.O.C and protracted litigations were there also. The petitioner was also a party in W.P. (C).No.31426/2008 before this Court and this Court even though directed the consideration of the application by W.P.(C). No.25699/2011 -:2:- the Government, the matter was taken up before the Apex Court by the Government. While the Special Leave Petitions were pending, Ext.P9 Government Order was issued, whereby the Government accorded sanction for issuing N.O.Cs for getting CBSE/ICSE affiliation to schools, which totally fulfils the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities. It was also specified therein that further guidelines will be issued by the Department in due course. Ext.P12 is the copy of the order of the Apex Court in the Special Leave Petitions, after the above Government order was issued. 3. The learned counsel for the petitioner submitted that pursuant to Ext.P7 application, a detailed report has been submitted as per Ext.P8 wherein the infrastructure facilities have been inspected and the report shows that the facilities have been provided by the Management. Ext.P10 is the copy of the Judgment in W.P.(C).No.11811/2010 filed by the petitioner in spite of which no action has been taken so far to grant N.O.C. W.P.(C). No.25699/2011 -:3:- 4. Learned Government Pleader submitted that the new guidelines are pending finalisation and a decision will be taken by the Government on Ext.P7 in terms of the change of policy as well as the new guidelines to be fixed, expeditiously. 5. In that view of the matter, there will be a direction to the first respondent to consider the application Ext.P7 along with the reports submitted by the educational authorities like Exts.P2, P6 and P8 and appropriate decision will be taken in terms of the revised guidelines to be fixed within a period of two months. The writ petition is accordingly, disposed of. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the first respondent for compliance. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms