IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 21158 of 2010(T) -------------------------- PETITIONER: --------------- HOLY SPIRIT PUBLIC SCHOOL, PAYYANITHOTTAM, POONJAR SOUTH P.O., POONJAR-686 582, KOTTAYAM DISTRICT, REPRESENTED BY ITS PRINCIPAL. 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. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039. * 3. THE DISTRICT EDUCATIONAL OFFICER, PONKUNNAM-686 506. *(CORRECTED AS THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, PONKUNNAM-686 506 VIDE ORDER DT.20.7.2011 ON I.A.No.11088/11 I W.P.(C)No.21158/10) 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014. BY ADV. SHRI DEVAN RAMACHANDRAN FOR R1(SC-CBSE) GOVERNMENT PLEADER SMT.RANI DIOTHIMA FOR R2,3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.21158/10 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF GO(MS)NO.18/88/G.EDN. DT.12.1.1988. EXT.P2 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM. EXT.P2 (A) : COPY OF THE ON LINE REGISTRATION CERTIFICATE NO.MS-00586-1112. EXT.P3 : COPY OF THE GO(MS)NO.204/08/G.EDN. DT.15.12.2008. EXT.P4 : COPY OF THE GO(MS)NO.3/09/G.EDN.DT.5.1.2009. EXT.P5 : COPY OF THE GO(MS)NO.82/88/G.EDN. DT.15.4.88. EXT.P6 : COPY OF THE APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR OBTAINED FROM THE WEB SITE OF CBSE. EXT.P7 : COPY OF THE LAND CERTIFICATE DT.30.6.2007 OF THE TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANADU P.O., SOORANAD, KUNNATHOOR. EXT.P8 COPY OF THE ORDER DT.26.3.08 SANCTIONING AFILIATION TO THE TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. EXT.P9 COPY OF THE APPLICATION SUBMITTED BY THE TDB CENTRAL SCHOOL, VETTIKKAVALA, KOLLAM. EXT.P9 (A) COPY OF THE APPLICATIONS SUBMITTED BY TDB CENTRAL SCHOOL, KADAKKAL. EXT.P10 COPY OF THE AFFILIATION GRANTED TO THE TEB CENTRAL SCHOOL, KADAKKAL. EXT.P1 0(A) COPY OF THE AFFILIATION GRANTED TO THE TEB CENTRAL SCHOOL, VETTIKAVALA, KOTTARAKKARA, KOLLAM. EXT.P11 COPY OF THE INTERIM ORDER PASSED IN W.P.(C)No.29649/09 EXT.P12 COPY OF THE COMMUNICATION DT.23.1.2010 OF DEO, KANJIRAPPALLY. EXT.P13 COPY OF GO(MS)NO.137/2011/G.EDN. DT.10.6.11. EXT.P14: COPY OF THE COVERING LETTER DT.27.6.ADDRESSED TO THE DEO, RESUBMITTING THE APPLICATION FOR NOC. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.21158 Of 2010 -------------------------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 J U D G M E N T The petitioner is the Principal of a CBSE School. The Writ Petition is filed seeking for a direction to grant affiliation to the school with the 1st respondent-Central Board of Secondary Education. Various contentions have been raised in the Writ Petition. 2. One of the issues raised in the Writ Petition is with regard to the grant of No Objection Certificate from the Government. Along with I.A.No.11089/11, the petitioner has produced Exhibit P13, a recent Government Order dated 10.6.2011 whereby the Government has accorded sanction for issuing No Objection Certificate for getting CBSE/ICSE affiliation to schools, which totally fulfills the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities. It is also mentioned therein that further guidelines will be issued by the Department in due course. 3. In the light of the above, the learned counsel for the petitioner prayed that the District Educational Officer may be directed to forward the application of the petitioner for NOC to the Government. Exhibit P12 communication dated 23.1.2010 shows that the application has been returned in the light of G.O.(P)No.107/07/G.Edn. W.P.(C)No.21158/10 -2- dt.13.6.2007. Exhibit P13(a) shows that it was re-presented by the petitioner. 4. Now that the Government is formulating fresh guidelines, it is upto the District Educational Officer to forward the application for consideration by the Government. Therefore, there will be a direction to the 3rd respondent-District Educational Officer to forward the application submitted by the petitioner-school for issuance of No Objection Certificate by the 2nd respondent-Government along with his report within a period of three weeks from the date of receipt of a copy of this judgment and on receipt of the same, the 2nd respondent will dispose of the application within a further period of two months. The contentions raised by the petitioner in the Writ Petition are left open. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn