IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23473 of 2011(H) -------------------------- PETITIONER(S): --------------- THE MANAGER, NIZAMIA PUBLIC SCHOOL, POTHENCODE, THIRUVANANTHAPURAM-695 584. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 014. 4. THE PRINCIPAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT) A.M.C.CELL, PREETHI VIHAR, NEW DELHI-110 092. 5. THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA KENDRA, 2-COMMUNITY CENTRE, PREETI VIHAR, VIKAS MARG, DELHI-110 092. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23473 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER NO.B1/2260/04/L.DIS OF THE DISTRICT EDUCATIONAL OFFICER. EXT.P2 TRUE COPY OF THE GO (MS) 18/88/GL.EDN. OF THE GOVERNMENT. EXT.P3 TRUE COPY OF THE BANK DRAFT EXT.P4 TRUE COPY OF THE APPLICATION (ON LINE) ALONG WITH COVERING LETTER EXT.P5 TRUE COPY OF THE VISIT REPORT OF THE DISTRICT EDUCATIONAL OFFICER EXT.P6 TRUE COPY OF THE SURVEY REPORT ALONG WITH COVERING LETTER OF THE DISTRICT EDUCATIONAL OFFICER EXT.P7 TRUE COPY OF THE NOC ISSUED BY THE GRAMA PANCHAYAT SECRETARY, POTHENCODE EXT.P8 TRUE COPY OF THE GO MS 204/08/G.EDN. DT.15/12/2008 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23473/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of August, 2011 J U D G M E N T The petitioner had filed an application for grant of No-objection Certificate (N.O.C) for affiliation to the Central Board of Secondary Education (C.B.S.E). 2. Petitioner is the Manager of Nizamia Public School, Pothencode. It is pointed out that pursuant to the Government Order dated 12/01/1988 prescribing guidelines for affiliation of C.B.S.E, the petitioner has submitted an application to the District Educational Officer, Thiruvananthapuram. Ext.P4 is the true copy of the application. It is pointed out that the District Educational Officer, Thiruvananthapuram visited the school on 01/08/2007 and recommended the application as evident from Ext.P5. Ext.P6 is the communication of the District Educational Officer forwarding the Survey Report to the Director of Public Instruction. 3. It is submitted by the learned counsel for the petitioner that even after the guidelines as per W.P.(C). No.23473/2011 -:2:- Ext.P8, namely, G.O.(MS).No.204/08/G.Edn., dated 15/12/2008 were issued, the No-Objection Certificate was not being issued and now by G.O.(MS). No.137/2011/G.Edn., dated 10/06/2011 there is a change of policy also. The learned counsel for the petitioner hence sought for a direction to the Government to consider the application. It is pointed out that all the reports are pending with the Government. 4. It is upto the Government to take a decision in terms of the guidelines to be prescribed as mentioned in G.O.(MS).No.137/2011/G.Edn., dated 10/06/2011. Appropriate decision will be taken by the Government with regard to the application of the petitioner within a period of three months. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms