IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 27401 of 2009(U) --------------------------------------- PETITIONER(S): ----------------------- MANAGER, SREE NARAYANA CENTRAL SCHOOL, THURUTHY, CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REP. BY ITS SECRETARY. 3. D.E.O., KOTTAYAM. 4. D.P.I., THIRUVANANTHAPURAM. R1 , R3 & R4 BY GOVT. PLEADER SMT.NISHA BOSE R2 BY ADV.SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.27401/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P2:- COPY OF THE COVERING LETTER SUBMITTED BY HE PETITIONER TO THE IST RESPONDENT P3:- COPY OF THE APPLICATION SEEKING NOC FOR AFFILIATION IN THE PRESCRIBED FORMAT ( ON LINE). P4:- COPY OF THE COMMUNICATION NO.A6/4645/09/L.DIS DT.D 27.6.2009. P5:- COPY OF THE G.O.(P) NO.107/07/G.EDN. DTD. 13.6.2007. P6:- COPY OF THE G.O.(MS)204/08/G.EDN. DTD. 15.12.2008. P7:- COPY OF THE G.O.(MS) 3/09/G.EDN. DTD. 5.1.2009. P8:- COPY OF THE JUDGMENT DTD. 9.1.2009 IN WP(C) 923/09. P9:- COPY OF THE JUDGMENT DTD. 21.4.2009 IN WP(C) NO.1251/09. P10:- COPY OF THE INTERIM ORDER DT. 24.8.2009 IN WPC. 16493/09. P10(a):- COPY OF THE INTERIM ORDER DT. 24.8.2009 IN WPC. 16808/09. P11:- COPY OF THE INTERIM ORDER DT. 6.10.2009 IN WPC. 27401/09. P12:- COPY OF THE COMMUNICATION NO.A6/8055/09 DTD. 13.11.2009 OF THE DEO. P13:- COPY OF THE INTERIM ORDER DTD. 8.3.2009. OF THE HONOURABLE SUPREME IN SLP. 11666-11667/2009. P14:- COPY OF THE ORDER G.O.(MS) 137.2011/G.EDN. DTD. 10.6.2011 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27401 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2011. JUDGMENT The petitioner who is the Manager of a school, is an applicant for affiliation to the Central Board of Secondary Education (CBSE). The main prayer in the writ petition is for a direction to the first respondent to consider and pass orders on Exts.P2 and P3 seeking No Objection Certificate (NOC) for affiliation to CBSE within a time limit. 2. It is evident from Ext.P12 communication from the District Educational Officer, addressed to the Director of Public Instruction that the application has been forwarded, duly recommended. 3. Learned counsel for the petitioner submitted that in the light of Ext.P14 order passed by the Government dated 10.6.2011, whereby sanction has been accorded for issuing N.O.C. 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, the application can be directed to be forwarded to the Government for appropriate consideration. It is also submitted that the Apex Court has already directed the Government to consider the applications of similarly placed schools. wpc 27401/2009 2 4. Therefore, there will be a direction to the fourth respondent to forward the application of the petitioner, which has been forwarded to the said respondent as evident from Ext.P12, to the first respondent within three weeks from the date of receipt of a copy of this judgment. Thereafter, the first respondent will consider the matter in the light of the guidelines formulated in terms of the Govt. Order, Ext.P14, and take an appropriate decision within a further period of three months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/