IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 24467 of 2011(G) -------------------------- PETITIONER(S): --------------- HOLY CROSS SCHOOL, REPRESENTED BY ITS MANAGER MULLURKARA P.O THALAPPILLY THRISSUR DISTRICT - 83 BY ADV. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN SRI.T.M.JOSEPH SHYLAN RESPONDENT(S): --------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION (AFFILIATION UNIT), AMC CELL PREETH VIHAR, DELHI 110 092. REPRESENTED BY ITS CHAIRMAN/PRINCIPAL OFFICER 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM 695 039 3. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM – 14 4. THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRIC - 6 GOVERNMENT PLEADER, SHRI V.VIJULAL SC FOR CBSE SHRI DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24467 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER FOR GETTING THE AFFILIATION FOR SESSION 2012-13. EXT.P2 TRUE COPY OF THE GO MS NO.18/88/G.EDN. ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF GO MS 204/08/G.EDN. OF 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE G.O MS NO.3/09/G.EDN. OF THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE GO MS NO.82/88 OF THE SECOND RESPONDENT. EXT.P6 TRUE COPY OF THE AFFIDAVIT SWEAR IN BY THE PRESIDENT OF TRUST, WHO ARE MANAGING THE PETITIONER SCHOOL, GIVING THE DETAILS OF THE GOVERNING BODY MEMBERS OF THE TRUST. EXT.P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS COURT IN WPC 32026/09 EXT.P7A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS COURT IN WPC 20062/2011 EXT.P8 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR ISSUING NOC EXCLUDING ENCLOSURES EXT.P9 TRUE COPY OF THE ORDER G.O.(MS). No.137/2011/G.Edn., dated 10/06/2011 ISSUED BY THE 2ND RESPONDENT SANCTIONING TO ISSUE NOC EXT.P10 TRUE COPY OF THE JUDGMENT PASSED BY THIS COURT IN WPC 21860/2010 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24467/2011-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of September, 2011 J U D G M E N T The petitioner-school represented by the Manager seeks for affiliation with the Central Board of Secondary Education (C.B.S.E). One of the requirements of the affiliation is the grant of No-Objection Certificate (N.O.C) by the State Government. The details of the school have been stated in paragraph No.2 of the writ petition. Ext.P1 is stated to be the application for affiliation submitted by the petitioner through online. It is submitted by the learned counsel for the petitioner that even though the petitioner had filed applications before the Government on different stages for getting the N.O.C, in terms of the then existing policy, the Government was not considering same. Finally, a Division Bench of this Court rendered Judgment in W.P.(C).No.32141/2008 and connected cases quashing a part of the Government Order then in existence. The said matter was pending before the Apex Court and, finally, the Apex Court has disposed of the W.P.(C). No.24467/2011 -:2:- matter in the light of Ext.P9 order passed by the Government as per G.O.(MS).No.137/2011/G.Edn., dated 10/06/2011. 2. Learned counsel for the petitioner therefore, prays that the petitioner's application for N.O.C may be directed to be considered by the Government within a time frame. 3. Evidently, Ext.P9 shows that the Government has to frame guidelines in the matter. Certain guidelines have been specified in Ext.P9 itself. Since the petitioner seeks only for a direction to the competent authority to take a decision, there will be a direction to the District Educational Officer to forward the application of the petitioner along with required reports after verification within a period of one month from the date of receipt of a copy of this Judgment and the application will be finally disposed of by the Government within a further period of three months. If the Government grants the No-objection Certificate, the petitioner will be free to move the W.P.(C). No.24467/2011 -:3:- first respondent-C.B.S.E for getting affiliation. The writ petition is disposed of as above. No costs. 4. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms