IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(C).No. 8692 of 2008(I) ------------------------------------ PETITIONER: ------------------- THE GURUKUL MOUNT PUBLIC SCHOOL, MUNDUKUZHI, P.O. PALACKATHAKIDI, KUNNAMTHANAM, PATHANAMTHITTA DISTRICT-689 581,REPRESENTED BY ITS MANAGER SHRI P.V.MATHAI,AGED 74 YEARS, S/O.MATHAI VARGHESE,RESIDING AT PARACKAL HOUSE,MADAPPALLY P.O.,CHENGANACHERRY, KOTTAYAM DISTRICT. BY ADV. MR.T.P.M.IBRAHIM KHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL 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. R1 BY SR. GOVT. PLEADER MR. T.B. HOOD, R2 BY MR. DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/04/2009, ALONG WITH W.P.(C). NO. 10671/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8692/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT (MS).NO.18/88 DTD. 12/01/1988 ISSUED BY THE R.1. EXT.P.2: COPY OF THE COVERING LETTER DTD. 21/11/2006 ALONG WITH THE LIST OF DOCUMENTS SUBMITTED BY THE PETITIONER SCHOOL ALONG WITH THE APPLICATION FOR THE ISSUANCE OF THE NOC. EXT.P.3: COPY OF THE JUDGMENT DTD. 05/11/2007 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO. 32635/2007. EXT.P.4: COPY OF THE GOVERNMENT ORDER (RT).NO.5768/07/G. EDN. DTD. 18/12/2007 PASSED BY THE R.1. EXT.P.5: COPY OF THE ORDER DTD. 27/11/2007 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO. 34954/2007. EXT.P.6: COPY OF THE GOVERNMENT ORDER (MS).NO.204/08/G. EDN. DTD. 15/12/2008 ISSUED BY THE R.1. EXT.P.7: COPY OF THE GOVERNMENT ORDER (MS).NO.3/09/G. EDN. DTD. 05/01/2009 ISSUED BY THE R.1. RESPONDENTS' EXHIBIT: EXT.R1.(A): COPY OF THE COMMUNICATION DTD. 03/01/2007 OF THE CBSE GRANTING APPROVAL OF MIDDLE CLASS SYLLABUS OF PADMASREE CENTRAL SCHOOL, PATHANAMTHITTA. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN & P.R.RAMACHANDRA MENON, JJ. -------------------------------------- W.P.(C)Nos.8692, 10671, 16204, 22223, 32233, 32266, 32523, 33476 & 33506 of 2008 and 470 & 578 of 2009 ------------------------------------- Dated 28th April, 2009 JUDGMENT Ravindran, J . Heard both sides. 2. The issue raised in these writ petitions is directly covered in favour of the petitioners by the decision of the Division Bench of this Court in W.P.(C)No.34184 of 2007 and connected cases. 3. Sri.T.B.Hood, the learned Senior Government Pleader appearing for the State of Kerala and the official respondents submits that the State of Kerala proposes to challenge the decision of the Division Bench of this Court W.P.(C)No.34184 of 2007 and connected cases before the Apex Court and therefore these writ petitions may be kept pending to await the decision of the Apex Court. 4. The only objection put forward by the learned Senior Government Pleader is that the State of Kerala proposes to move the Apex Court in appeal challenging the correctness of the decision of the Division Bench of this Court in W.P.(C)No.34184 of 2007 and connected cases. In our opinion, since the issue raised in these writ petitions has already been decided by a Division Bench of this Court, these writ petitions can be disposed of in the light of the decision of the Division Bench of this Court but with the observation that in the W.P.(C)No.8692/2008 & connected cases 2 event of the decision of the Division Bench being stayed or being reversed by the Apex Court, the order of stay or the final judgment of the Apex Court as the case may be, shall govern these cases also. 5. In the result, we allow these writ petitions, quash the impugned orders and direct the State of Kerala to reconsider the applications submitted by the petitioners for grant of No-objection Certificate in the light of the directions issued by the Division Bench of this Court in W.P.(C)No.34184 of 2007 and connected cases. Final orders in the matter shall be passed within two months from the date on which the petitioners produce a certified copy of this judgment after affording the petitioners a reasonable opportunity of being heard. We further direct that if the decision of the Division Bench of this Court in W.P.(C)No.34184 of 2007 and connected cases is stayed by the Apex Court, the order of stay passed by the Apex Court will govern these cases also and that if the Apex Court reverses the decision of the Division Bench, the rights of parties in the instant cases will also be governed by the decision of the Apex Court. The writ petitions are disposed of with the above directions. No costs. P.N.RAVINDRAN JUDGE P.R.RAMACHANDRA MENON JUDGE TKS