IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 19159 of 2008(E) --------------------------------------- PETITIONER(S): ------------------------ THE YMM CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER ADVOCATE SHRI.M.A. AZAD, AGED 57 YEARS,S/O.ABDUL RAHIMAN, CHITTUMOOLA, THAZAHVA.P.O, KARUNAGAPALLY,KOLLAM DISTRICT – 690 523, KERAL STATE. (RESIDING AT IQBAL MANZIL, THAZHAVA.P.O, KARUNAGAPPALLY. BY ADV. MR.TPM.IBRAHIM KHAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION(N) DEPARTMENT, GOVERNMNET OF KERALA, TRIVANDRUM. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 110 092. R2 BY ADV. MR. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19159/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVERNMENT (MS) NO.18/88 DTD. 12/01/1988 ISSUED BY THE FIRST RESPONDENT. EXT.P2: COPY OF THE COVERING LETTER NO.NIL DTD. 25/08/2007 ATTACHED TO THE APPLICATION RE-SUBMITTED BY THE PETITIONER SCHOOL FOR THE ISSUANCE OF THE NOC. EXT.P3: COPY OF THE JUDGMENT DTD. 5/11/2007 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.28779 OF 2007 (A). EXT.P4: COPY OF THE GOVERNMENT ORDER (RT) NO.5768/07/G.EDN. DTD. 18/12/2007 PASSED BY THE FIRST RESPONDENT. EXT.P5: COPY OF THE GOVERNMENT ORDER (MS) NO.204/08/G.EDN. DTD. 15/12/2008 ISSUED BY THE FIRST RESPONDENT. EXT.P6: COPY OF THE GOVERNMENT ORDER (MS) NO.3/09/G.EDN. DTD. 5/01/2009 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN & P.R.RAMACHANDRA MENON, JJ. -------------------------------------- W.P.(C)No.19159 of 2008 ------------------------------------- Dated 30th April, 2009 JUDGMENT Ravindran, J . Heard both sides. 2. The issue raised in this writ petition is directly covered in favour of the petitioner 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 this writ petition 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 this writ petition has already been decided by a Division Bench of this Court, this writ petition can be disposed of in the light of the decision of the Division Bench of this Court but with the observation that in the event W.P.(C)No.19159/2008 2 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 this case also. 5. In the result, we allow this writ petition, quash Exts.P4, P5 and P6 and direct the State of Kerala to reconsider the application submitted by the petitioner 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 petitioner produces a certified copy of this judgment after affording the petitioner 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 this case also and that if the Apex Court reverses the decision of the Division Bench, the rights of parties in the instant case will also be governed by the decision of the Apex Court. The writ petition is disposed of with the above directions. No costs. P.N.RAVINDRAN JUDGE P.R.RAMACHANDRA MENON JUDGE TKS