IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23152 of 2011(T) -------------------------- PETITIONER: ----------------- THE ANSAR ENGLISH SCHOOL, KOLOLAMBA REPRESENTED BY ITS MANAGER MR.C.ABDULLA KUTTY MASTER,AGED 58 YEARS, S/O.LATE MR.MARAKKAR, KOLOLAMBA PO, EDAPPAL, MALAPPURAM DISTRICT- 679 576,RESIDING AT CHENGENGALATH HOUSE, KOLOLAMBA PO,EDAPPAL, MALAPPURAM DISTRICT 679 576. BY ADV. SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE SRI.K.M.ABDUL MAJEED RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY ,GENERAL EDUCATION (N) DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA 2 COMMUNITY CENTRE, PREET VIHAR DELHI 110 092. BY GOVT.PLEADER SHRI T.T.MUHAMOOD FOR R1 SHRI DEVAN RAMACHANDRAN (SC) FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, ALONG WITH W.P.(C)No.23202/11 & CON.CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.23152/11 PETITIONER'S EXTS: EXT.P1: COPY OF GOVERNMENT ORDER(MS)NO.18/88 DT.12.1.88 ISSUED BY THE FIRST RESPONDENT. EXT.P2: COPY OF COVERING LETTER DT.17.7.07 OF THE APPLICATION FOR NOC ALONG WITH LIST OF DOCUMENTS AND CHALAN RECEIPT. EXT.P3: COPY OF JUDGMENT DT.16.6.08 IN W.P.(C)NO. 17931/08 EXT.P4: COPY OF INTERIM ORDER DT.13.6.2008 IN W.P.(C)NO. 8725/10 EXT.P5: COPY OF GOVERNMENT ORDER (RT)NO.4536/08/G.EDN. DT.14.10.08 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF GO(MS)NO.204/08/G.EDN. DT.15.12.08 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF GO(MS)NO.3/09/G.EDN. DT.5.1.09 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF COMMON JUDGMENT DT.6.4.09 OF THIS COURT IN W.P.(C) NO.33625/08 AND OTHER CONNECTED CASES. EXT.P9: COPY OF COMMON JUDGMENT DT.28.4.09 OF THIS COURT IN W.P.(C) NO.33506/08 AND OTHER CONNECTED CASES. EXT.P10: COPY OF GO(MS)NO.137/2011/G.EDN. DT.10.6.11 ISSUED BY THE FIRST RESPONDENT. EXT.P11: COPY OF ORDER OF THE HONOURABLE SUPREME COURT OF INDIA DT.18.7.11 IN SLP NOS.11666-11667/09. EXT.P12: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.11.8.11. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)Nos.23152, 23170,23202, 23860, 23875, 23876 &23900 Of 2011 -------------------------------------------------- DATED THIS THE 2nd DAY OF SEPTEMBER, 2011 J U D G M E N T All these Writ Petitions are filed by institutions which require affiliation with the Central Board of Secondary Education. 2. Heard the learned Senior Counsel for the petitioner, the learned Government Pleader appearing for the 1st respondent-State and the learned Standing Counsel for the CBSE. 3. The learned Senior Counsel for the petitioners submitted that various Government Orders issued from time to time were considered by this Court in different judgments and ultimately the Hon'ble Supreme Court in Exhibit P11 order, produced along with W.P.(C)No.23152/11, has disposed of the Special Leave Petitions directing the Government to pass orders in terms of the change of policy reflected in G.O.(P) No.137/2011/G.Edn. dated 10.6.2011. Subsequently, all the petitioners have filed representations before the Government seeking for grant of No Objection Certificate. A copy of the Government Order referred to in the order of the Hon'ble W.P.(C)No.23152/11 & con.cases -2- Supreme Court is produced as Exhibit P10 in W.P.(C)No. 26152/11. Therein 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 mentioned that further guidelines will be issued by the Department in due course. 4. The learned senior counsel for the petitioners submitted that so far no guidelines have been framed. The learned Government Pleader submitted that the process is being finalised. In that view of the matter, the Writ Petitions are disposed of directing the Government to consider the request of the petitioners in terms of the revised guidelines which are to be issued and appropriate decision will be taken within a period of three months from the date of receipt of a copy of this judgment. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn