IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 37761 of 2008(U) -------------------------- PETITIONER(S): --------------- THE SHANTHINIKETHAN INTERNATIONAL SCHOOL CHANDAPURA, NEAR TOWN HALL, KODUNGALLUR, THRISSUR-680 664, REP. BY ITS CHAIRPERSON V.V.SAYED MUHAMMED, 50 YEARS, S/O.LATE VEERAN, R/AT.VADAKKEANGADIYIL HOUSE, PO.KODUNGALLUR, THRISSUR-680 664. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION (N), DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 2. CENTRAL BOARD OF SECONDARY EDUCATION REP. BY ITS SECRETARY, SHIKSHA KENDRA,2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110092. GOVERNMENT PLEADER SRI. T.B. HOOD SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 37761/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A PHOTOSTAT COPY OF THE GOVERNMENT (MS)NO. 18/88 DATED 12.1.1988 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 : A PHOTOSTAT COPY OF THE COVERING LETTER NO. NIL DATED 28.6.2007 OF THE APPLICATION FOR NOC ADDRESSED TO THE 1ST RESPONDENT THROUGH PROPER CHANNEL ALONG WITH A COPY OF THE LIST OF DOCUMENTS. EXHIBIT P3 : A PHOTOSTAT COPY OF THE JUDGMENT DATED 13.8.2008 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO. 24509 OF 2008(P) EXHIBIT P4 : A PHOTOSTAT COPY OF THE GOVERNMENT ORDER (RT) NO. 4807/08/G. EDN DATED 31.10.2008 PASSED BY THE FIRST RESPONDENT. EXHIBIT P5 : A PHOTOSTAT COPY OF THE ORDER DATED 27.11.2007 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO. 34954 OF 2007. EXHIBIT P6 : PHOTOSTAT COPY OF THE GOVERNMENT ORDER (MS) NO. 204/08/G. EDN DATED 15.12.2008 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P7 : PHOTOSTAT COPY OF THE GOVERNMENT ORDER (MS) NO.3/09/G. END DATED 5.1.2009 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.R.RAMACHANDRA MENON & C.K. ABDUL REHIM, JJ. -------------------------------------- W.P(C) NO. 37761 OF 2008 ------------------------------------- Dated this the 5th day of May, 2009 JUDGMENT P.R.Ramachandra Menon, 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 in 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 W.P(C) 37761/2008 -2- 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 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 these cases also. 5. In the result, we allow this writ petition, quash the impugned order 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 W.P(C) 37761/2008 -3- 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 the party 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.R.RAMACHANDRA MENON JUDGE C.K. ABDUL REHIM JUDGE vkm