IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 35515 of 2007(C) ---------------------------------------- PETITIONER(S): ------------------------ MANAGER, KUTHUBIYYA ENGLISH MEDIUM SCHOOL, PUTHUR, PANOOR, THALASSERY TALUK. BY ADVS. SRI.V.A.MUHAMMED, SRI.M.SAJJAD. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILLATION UNIT), AMC CELL, PREETH VIHAR, DELHI-110 092. R1 BY SR.GOVERNMENT PLEADER SRI. A.J.VARGHESE R2 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35515/2007 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COVERING LETTER OF THE PETITIONER ENCLOSING THE APPLICATIONDTD. 28/02/06. P1(A): COPY OF COVERING LETTER OF THE PETITIONER BEFORE THE 1ST RESPONDENT ENCLOSING THE APPLICATION DTD. 28/02/06. P2: COPY OF G.O.NO.18/88/G.EDN. DTD. 12/01/988. P3: COPY OF THE VISIT REPORT OF THE D.E.O. P3(A): COPY OF THE SURVEY REPORT OF THE D.E.O. R4: COPY OF THE LETTER NO.25941/N3/06/G.EDN. DTD. 17/10/2006 ISSUED BY GOVERNMENT. P5: COPY OF THE GOVERNMENT ORDER REGARDING GRANT OF NOC AS PER G.O.(P) NO.107/07/G,EDN. DTD. 13/06/2007. P6: COPY OF THE COMMON JUDGMENT DTD. 14/09/2007 IN WPC.NO.18735/07 PASSED BY THIS HON'BLE COURT. P7: COPY OF THE G.O.(RT) NO.5222/07/G.EDN. DTD. 15/11/2007. P8: COPY OF THE RELEVANT PORTION OF THE REGULATIONS OF CBSE. P9: COPY OF THE INSPECTION REPORT PROFORMA OF THE INSPECTION COMMITTEE OF CBSE. P10: COPY OF THE INTERIM ORDER DTD. 26/11/07 IN WPC.NO.34912/07 PASSED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35515/2007-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of August, 2011 J U D G M E N T The petitioner is an applicant for grant of affiliation with the Central Board of Secondary Education (C.B.S.E). The issue relates to the non grant of No-objection Certificate (N.O.C) by the Government in terms of the guidelines existing in 2007- 08. 2. It is pointed out that the application for affiliation was submitted through the District Educational Officer, Thalassery. Exts.P1 and P1(a) are the copies of the letters requesting for grant of N.O.C addressed to the Director of Public Instruction and the Government. It is averred in paragraph (6) of the writ petition that the application was forwarded by the District Educational Officer duly recommending the same along with the copies of the visit report and survey report to the Director of Public Instruction. Copies of the visit report and survey report of the District Educational Officer are produced as Exts.P3 and P3(a). W.P.(C). No.35515/2007 -:2:- 3. After a long time, the petitioner received Ext.P4 Communication from the Government stating that guidelines are yet to be framed in the matter. 4. The petitioner filed W.P.(C).No.18735/2007 challenging the order passed by the Government as per Ext.P5, whereby a fresh policy was laid down for the grant of N.O.C for getting affiliation to C.B.S.E Schools. This Court by Ext.P6 Judgment directed the Government to consider and pass orders in the matter. The said Judgment was challenged by the Government by filing W.A.No.2563/2007 wherein a direction was issued by way of an interim order to consider the application. It is submitted that thereafter another team was constituted for visiting the school. Again an order was passed by the Government as per Ext.P7 in respect of various applicants. It is submitted that the same cannot be sustained. 5. The learned counsel for the petitioner submits that subsequently, there is a change of policy as evident from G.O.(MS)No.137/2011/G.Edn. dated 10/06/2011 and it is submitted that various W.P.(C). No.35515/2007 -:3:- applications are being considered in the light of the said Government Order and in the light of the Judgment of the Apex Court in various Special Leave Petitions. 6. In that view of the matter, the application of the petitioner for the grant of No-Objection Certificate will be reconsidered by the Government in terms of the new guidelines which will have to be issued pursuant to the Government Order dated 10/06/2011. The Government will take appropriate decision within a period of three months. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms