IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 32026 of 2009(W) ---------------------------------- PETITIONER(S): ------------------- MANAGER,ALL SAINTS ENGLISH MEDIUM U.P.SCHOOL,CHAYAM,VITHURA P.O., NEDUMANGAD,THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S): -------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH,SHIKSHA KENDRA, 2 COMMUNITY CENTRE,PREET VIHAR, DELHI-110 092,REPRESENTED BY ITS SECRETARY. 2. SECRETARY,CENTRAL BOARD OF EDUCATION, AFFILIATION BRANCH,SHIKSHA KENDRA, 2 COMMUNITY CENTRE,PREET VIHAR, DELHI-110 092. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 4. DISTRICT EDUCATIONAL OFFICER,ATTINGAL. 5. DIRECTOR OF PUBLIC INSTRUCTIONS,THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.DEVAN RAMACHANDRAN R3 TO R5 BY GOVT. PLEADER SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.32026/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NO.B5.8104/95 DATED 09/11/1995 OF THE DEO, ATTINGAL GRANTING SANCTION TO OPEN STD. V TO THE PETITIONER SCHOOL. P2: COPY OF ORDER NO.B5.8104/95 DATED 12/03/1996 OF THE DEO, ATTINGAL ACCORDING SANCTION TO OPEN STD.VI & VII IN THE PETITIONER'S SCHOOL. P3: COPY OF CERTIFICATE EVIDENCING THE ON LINE REGISTRATION WITH THE FIRST RESPONDENT. P4: COPY OF THE APPLICATION OF THE PETITIONER IN THE PRESCRIBED FORMAT. P5: COPY OF THE CHALAN RECEIPT DATED 27/06/2009 EVIDENCING PAYMENT OF RS.25,000/- P6: COPY OF THE G.O.(MS)18/88/G.EDN. DATED 12/01/1988. P7: COPY OF G.O.(MS)204/2008/G.EDN. DATED15/12/2008. P7(a):COPY OF G.O.(MS)3/09/G.EDN. DATED 05/01/2009. P8: COPY OF ORDER NO.A6/6513/09/L.DIS. DATED 03/10/2009 THE DEO RETURNING THE APPLICATION. P9: COPY OF THE RELEVANT PORTION OF THE BYE LAWS OF THE FIRST RESPONDENT. P10: COPY OF THE APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR OBTAINED FROM THE WEB SITE OF CBSE. P10(a):COPY OF THE LAND CERTIFICATE DATED 30/06/2007 OF TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR. P11: COPY OF ORDER DATED 26/03/2008 SANCTIONING AFFILIATION TO THE TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. P12: COPY OF THE APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, VETTIKKAVALA, KOLLAM. P12(a):COPY OF THE APPLICATION SUBMIKTTED BY TDB CENTRAL SCHOOL, KADAKKAL. Svs ..........2/-.... ...2... WPC. NO.32026/2009 P13: COPY OF THE AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL, KADAKKAL. P13(a):COPY OF THE AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL, VETTIKKAVALA, KOTTARAKKARA, KOLLAM. P14: COPY OF THE INTERIM ORDER DATED 06/10/2009 IN WPC. NO.27401/2009. P14(a):COPY OF THE INTERIM ORDER DATED 06/10/2009 IN WPC. NO.27402/2009. P15: G.O.(MS)137/11/G.EDN. DATED 10/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32026/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of September, 2011 J U D G M E N T The petitioner is the Manager of a school which is seeking affiliation to the first respondent Central Board of Secondary Education (C.B.S.E). The writ petition is filed seeking for various directions including a grant of No-Objection Certificate (N.O.C) by the State Government. Ext.P4 is the copy of the application submitted by the petitioner seeking for N.O.C before the District Educational Officer, Attingal. The Government orders which governed the field at that point of time are Exts.P6 and P7. The application was returned by the District Educational Officer as per Ext.P8 relying upon G.O.(P). No.107/07/G.Edn. dated 13/06/2007. 2. The learned counsel for the petitioner submitted that in the light of the recent Government Order G.O.(MS).No.137/2011/G.Edn., dated 10/06/2011 which has been produced along with I.A.No.15235/2011, the petitioner's application for N.O.C is liable to be W.P.(C). No.32026/2009 -:2:- considered. Therein, the Government has accorded sanction for issuing N.O.C for getting CBSE/ICSE affiliation to schools, which totally fulfils the norms and conditions prescribed by CBSE/ICSE and having own land and basic facilities. It was also specified therein that further guidelines will be issued by the Department in due course. Evidently, the guidelines are also proposed to be framed in the matter. It is upto the State Government to take a decision in the matter. Therefore, there will be a direction to the District Educational Officer to conduct the inspection of the school and forward the application along with the report to the Government within a period of one month from the date of receipt of a copy of this Judgment. Thereafter, the Government will take a decision within a further period of two months. The contentions of the petitioner on the merits of the matter are left open. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms