IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 36454 of 2009(B) -------------------------- PETITIONER(S): --------------- MANAGER, PUSHPAGIRIYIL CENTRAL SCHOOL, EDAMON P.O., KOLLAM. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, AFFILATION BRANCH, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT EDUCATIONAL OFFICER, PUNALUR. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY ADV DEVAN RAMACHANDRAN, STANDING COUNSEL FOR R2. BY GP SMT RANI DIOTHIMA – R1, R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C) 36454/2009) PETITIONER'S EXTS. EXT.P1 COPY OF THE APPLICATION OF THE PETITIONER IN THE PRESCRIBED FORMAT. EXT.P2 COPY OF G.O.(MS)18/88/G.EDN. DATED 12.1.1988. EXT.P3 COPY OF G.O.(MS)NO.204/2008/G.EDN DATED 15.12.2008 EXT.P3(a) COPY OF G.O.(MS)3/09/G.EDN DATED 5.1.2009. EXT.P4 COPY OF THE INTERIM ORDER DATED 24.8.2009 IN WP(C)16493 OF 2009. EXT.P4(a) COPY OF THE INTERIM ORDER DATED 24.8.2009 IN WP(C) 16808 OF 2009. EXT.P5 COPY OF GO(MS)137/2011/G.EDN DATED 10.6.2011. lgk //TRUE COPY// T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36454 OF 2009 --------------------------------------- Dated this the 20th day of August, 2011. J U D G M E N T This writ petition is filed by the petitioner seeking for affiliation with the 2nd respondent Central Board of Secondary Education as well as for grant of No Objection Certificate by the 1st respondent for the same. 2. It is averred in the writ petition that the school was functioning since 1997 and is conducting classes from LKG to Standard VI. The school has a total strength of 337 students. Ext.P1 is the application submitted by the petitioner for grant of No Objection Certificate which was submitted through the District Educational Officer, Punalur. At that relevant time, the grant of No Objection Certificate was governed by Ext.P2 Government Order and thereafter, the Government issued another order dated 05.01.2009 namely, G.O.(MS) No.3/09/G.Edn. deleting clause (xii) of Ext.P2 Government Order, which was quashed by this Court in W.P.(C) No.34912/2007. The said matter was taken up W.P.(C) No.36454/2009 2 before the Apex Court by the State. 3. By interim order dated 24.08.2009, this Court had directed the 3rd respondent to receive the application seeking for grant of No Objection Certificate for affiliation and to forward the same through the 4th respondent to the 1st respondent. It is submitted by the learned counsel for the petitioner that the same is now pending with the Director of Public Instruction. 4. Along with I.A.No.13811/2011, the petitioner has produced Ext.P5, a copy of G.O.(MS) No.137/2011/G.Edn. dated 10.06.2011 which, according to the petitioner, reflects the new policy decision of the Government with regard to the grant of NOC to CBSE/ICSE schools. It is specified in Ext.P5 that 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. Learned counsel for the petitioner therefore prayed that a direction may be issued to the Government to W.P.(C) No.36454/2009 3 consider the application submitted by the petitioner within a time frame. There will be a direction to the Director of Public Instruction to forward the application along with the report if any to the 1st respondent within a period of three weeks from the date of receipt of a copy of this judgment and the Government will take a decision within a further period of three months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp