IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 6864 of 2009(C) ------------------------- PETITIONER:: -------------------- FR. VARGHESE MANAVALAN, MANAGER, ST. ANTONY'S PUBLIC SCHOOL, KIZHAKKAMBALAM - 686 562, ERNAKULAM DISTRICT. BY ADV. SRI.V.M.KURIAN ADV. SRI.MATHEW B. KURIAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), AMC CELL, PREETH VIHAR, DELHI - 110 092. R1 BY SR. GOVERNMENT PLEADER ADV. SHRI MOHAMMED ANZAR. R2 BY ADV. SHRI DEVAN RAMACHANDRAN, SC, C.B.S.E. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE AFFILIATION BYE LAWS ISSUED BY CBSE FOR SUBMISISON FOR APPLICATION FOR AFFILIATION. EXT.P2 : TRUE COPY OF THE LETTER DATED 30.09.2005 TOGETHER WITH APPLICATION SUBMITTED TO THE DISTRICT EDUCATIONAL OFFICER. EXT.P3 : TRUE COPY OF THE LETTER DATED 13.10.2005 ENCLOSING THE REPORT BY DISTRICT EDUCATIONAL OFFICER TO THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. EXT.P4 : TRUE COPY OF THE SUBSEQUENT REPORT SENT BY THE DISTRICT EDUCATION OFFICER TO THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P5: TRUE COPY OF JUDGMENT DATED 29.06.2006 IN W.P.(C) 16815 OF 2006 EXT.P6: TRUE COPY OF THE ORDER DATED 26.08.2006 PASSED BY THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE JUDGMENT DATED 08.11.2006 IN W.P.(C) 25267/2006. EXT.P8: TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 15.12.2006. EXT.P9: TRUE COPY OF THE JUDGMENT DATED 20.07.2007 IN W.P.(C) 1452 OF 2007 EXT.P10: TRUE COPY OF THE ORDER DATED 31.07.2007. EXT.P11: TRUE COPY OF THE ORDER DATED 20.08.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P12: TRUE COPY OF THE ORDER DATED 11.09.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P13: TRUE COPY OF THE ORDER DATED 14.11.2007 IN R.P.NO. 816 OF 2007. EXT.P14: TRUE COPY OF THE COMMON JUDGMENT DATED 10.04.2008 IN WRIT APPEAL NO. 2465 OF 2007 & OTHER CASES. EXT.P15: TRUE COPY OF THE ORDER DATED 05.08.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P16: TRUE COPY OF THE G.O.(,MS) 18/88/G.Edn. DATED 12.01.1988 ISSUED BY THE 1ST RESPONDENT. EXT.P17: TRUE COPY OF THE CIRCULAR DATED 18.02.2006 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P18: TRUE COPY OF JUDGMENT DATED 21.08.2008 IN CONT. CASE (CIVIL) No. 962 of 2008. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 6864 OF 2009 ......................................................................... Dated this the 30th April, 2009 J U D G M E N T The petitioner has approached this Court mainly challenging denial of NOC by the State Government, which placed hurdles in the way of the petitioner in procuring affiliation from the C.B.S.E. The learned counsel for the petitioner submits that the issue is squarely covered by the judgment dated 06.04.2009 in W.P.(C)No. 34184 of 2007 and connected cases passed by a Division Bench of this Court. 2. Heard the learned Government Pleader. In view of declaration of law by judgment dated 06.04.2009 in W.P.(C)No. 34184 of 2007 and connected cases by a Division Bench of this Court, there is no need to enter into the merits of the case, but for directing the first respondent to consider the application preferred by the petitioner in the light of the observations made in the aforesaid judgment . Necessary orders shall be passed by W.P.(C) No. 6864 OF 2009 2 the first respondent in the application preferred by the petitioner seeking for issuance of NOC, as expeditiously as possible, and at any rate, within a period of one month. To facilitate disposal, as above, it is made clear that Ext.P15 impugned order passed by the Government stands set aside. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk