IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 32546 of 2011(P) -------------------------- PETITIONER: ------------- MANAGER, BHARAH PUBLIC SCHOOL, KANNAMBA, VARKALA. 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 PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, THIRUVANANTHAPURAM- 695 001. 2. DISTRICT EDUCATIONAL OFFICER, ATTINGAL PIN-695 101. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 001. 4. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAURAM- 695 001. BY GOVT.PLEADER SHRI P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 32546/11 PETITIONER'S EXTS: EXT.P1 COPY OF THE G.O (P) NO. 18/88/G.EDN. DTD. 12.01.1988 EXT.P2 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. EXT.P2(A) COPY OF ON LINE REGISTRATION NO. SL- 00356-0910. EXT.P2(B) COPY OF THE LETER DTD. 28.03.2006 OF THE DEO, ATTINGAL. EXT.P2 (C) COPY OF THE VISIT REPORT OF THE DISTRICT EDUCATIONAL OFFICER ATTINGAL. EXT.P2(D) COPY OF THE SURVEY REPORT OF THE DISTRICT EDUCATIONAL, OFFICER, ATTINGAL. EXT.P2(E) COPY OF THE ENDORSEMENT MADE BY DY.DIRECTOR OF EDUCATION, TRIVANDRUM IN THE VISITOR'S DAIRY OF THE PETITIONER'S SCHOOL DTD. 05.07.2011. EXT.3 COPY OF JUDGMENT DTD. 09.03.2007 IN WP(C) NO. 31929/2006. EXT.P3(A) COPY OF THE G.O. (RT) NO. 2489 /2007 /G.EDN. DTD 04.06.2007 EXT.P4 COPY OF THE G.O (P) NO. 107/07 G.EDN. DTD. 13.06.2007 EXT.P5 COPY OF THE G.O (RT) NO. 5222/07/G.EDN.DT.15.11.07 EXT.P6 COPY OF THE INTERIM ORDER DTD. 14.12.2007 IN WP(C) NO. 35622/2007 EXT.P7 COPY OF THE G.O (MS) 204/08/ G.EDN DATED 15.12.2008 EXT.P7(A) COPY OF THE G.O. (MS) 3/09 DTD. 05.01.2009. EXT.P8 COPY OF THE NOTICE RECEIVED FROM THE HON'BLE SUPREME COURT OF INDIA. EXT.P9 COPY OF THE ORDER DTD. 18.07.2011 IN SLP (C) NO. 1101/2010 EXT.P10 COPY OF THE REPRESENTATION DTD. 28.07.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P11 COPY OF THE G.O(MS) 202/11/G.EDN DTD. 07.10.2011 EXT.P11 (A) COPY OF THE COVERING LETTER DTD. 27.10.2011 ADDRESSED TO THE IST RESPONDENT. EXT.P11 (B) COPY OF THE COVERING LETTER DTD. 27.10.2011 ADDRESSED TO THE 3RD RESPONDENT. W.P.(C)No. 32546/11 EXT.P12 COPY OF THE ELIGIBILITY CERTIFICATE DTD. 27.10.2011 ISSUED BY THE CBSE. EXT.P13 COPY OF THE DELCRATION SUBMITTED BY THE PETITIONER REGARDING UIID. EXT.P13(A) COPY OF THE LAND AREA DTD. 27.10.2011 OF THE PETITIONERS SCHOOL. EXT.P14 COPY OF THE G.O (MS)214/2011 /G.EDN DTD. 27.10.2011. EXT.P15 COPY OF THE GOVERNMENT ORDER DTD. 27.10.2011 ISSUING NOC TO SIMILAR SCHOOLS. EXT.P15(A) COPY OF THE GOVERNMENT ORDER DTD. 29.10.2011 ISSUING NOC TO SIMILAR SCHOOLS. EXT.P15(B) COPY OF THE GOVERNMENT ORDER DTD. 31.10.2011 ISSUING NOC TO SIMILAR SCHOOLS. EXT.P15 (C) COPY OF THE GOVERNMENT ORDER DTD. 08.11.2011 ISSUING NOC EXT.P16 COPY OF THE ORDER NO. 65057/N3/2011/G.EDN DATED 10.11.2011. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32546 OF 2011 --------------------------------------- Dated this the 22nd day of December, 2011. J U D G M E N T The petitioner is the Manager of a Public School seeking grant of No Objection Certificate from the Government for getting affiliation with the Central Board of Secondary Education (CBSE). Various details regarding the background of the litigation have been stated by the petitioner in the writ petition. It is stated that an application was submitted by the school as per Ext.P2 and the petitioner has been assigned Registration No.SL-00356-0910 by the CBSE. It is pointed out that in the earlier litigations, the petitioner was a party and the petitioner was also a party before the Apex Court in the Special Leave Petitions filed by the State as evident from Exts.P8 and P9 and therefore the Government is bound to reconsider the application. 2. The present grievance of the petitioner is that in spite of the processing of the application and submission of various reports, the matter is still kept pending without any progress at W.P.(C) No.32546/2011 2 the office of the Director of Public Instruction and the application is kept there without forwarding it to the Government. 3. It is the case of the petitioner that the very same procedure adopted in the case of the petitioner was adopted by the respondents in the case of similarly placed schools in whose favour the Government has already granted No Objection Certificates. Ext.P15 order of the Government granting No Objection Certificate is produced in support of the above plea. 4. Heard the learned Government Pleader for the respondents. There will be a direction to the Director of Public Instruction to forward the application of the petitioner along with Annexures and the reports furnished by the District Educational Officer to the Government within a period of ten days from the date of receipt of a copy of this judgment. Thereafter, the Government will consider the matter in accordance with the guidelines and pass appropriate orders within a further period of three weeks from the date of receipt of the records from the office of the Director of Public Instruction. Learned counsel for the petitioner points out that the W.P.(C) No.32546/2011 3 petitioner is entitled for a similar grant of No Objection Certificate as that of the schools to which No Objection Certificates have been granted since the petitioner was all along a party to the litigations before this Court and the Apex Court and all aspects are covered by the earlier decisions of the Division Bench and by the Apex Court. This aspect will be taken note of and examined by the authorities concerned. This writ petition is disposed of as above. The petitioner will produce a copy of the writ petition along with a copy of the judgment for compliance. T.R. RAMACHANDRAN NAIR JUDGE smp