IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 35397 of 2009(T) ----------------------------------------- PETITIONER(S): ----------------------- MANAGER, TGM VIDYANIKETAN(THIRUVATHUKKAL GHEEVARGHESE KATHANAR MEMORIAL VIDYANIKETAN), MARAVANTHURUTHU, VAIKOM-686 608, KOTTAYAM, KERALA. 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 SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION BRANCH SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. R1,R2& R3 BY GOVT. PLEADER SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, ALONG WITH WPC. NO.21156 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.35397/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PORTION OF THE BYE LAWS OF THE IST RESPONDENT. P2:- COPY OF THE CERTIFICATE OF ON LINE REGISTRATION OF THE PETITIONER'S SCHOOL WITH CBSE. P3:- COPY OF THE G.O.(MS) 18/88/G.EDN. DTD. 12.1.1988. P4:- COPY OF THE G.O. (MS) NO.204/08/G.EDN. DTD. 15.12.2008. P4(a):- COPY OF THE G.O.(MS) 3/09/G.EDN. DTD. 5.1.2009. P5:- COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER TO THE SECRETARY OF THE GOVERNMENT OF KERALA ALONG WITH THE REQUEST FOR NOC. P5(a):- COPY OF THE CHALAN EVIDENCING THE PAYMENT OF RS. 25,000/-. P6:- COPY OF THE INTERIM ORDER DT.D 24.8.2009 IN WPC. 16493/09.- P6(a):- COPY OF THE INTERIM ORDER DTD. 24.8.09 WP(C) NO.16808/09. P7:- COPY OF THE G.O.(RT) NO.1977/09/GENERAL EDUCATION DTD. 23.5.2009 . P8:- COPY OF THE APPLICATION SUBMITTED BY THE TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD OBTAINED FROM THE WEBSITE OF CBSE. P9:- COPY OF THE AFFIDAVIT DTD. 30.4.2008 OF THE SECRETARY, TDB. P9(a):- COPY OF THE LAND CERTIFICATE. P9(b):- COPY OF THE ORDER DTD. 26.3.2008 SANCTIONING AFFILIATION TO THE SAID TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. P10:- COPY OF THE APPLICATION SUBMITTED BY THE TDB CENTRAL SCHOOL, KADAKKAL TO CBSE. P11:- COPY OF THE LETTER OF CBSE CONSTITUTING THE INSPECTION COMMITTEE DTD. 23.2.2009. P12:- COPY OF THE APPLICATION SUBMITTED BY THE TDB CENTRAL SCHOOL AT VETTIKKAVALA , KOLLAM P13:- COPY OF THE LINE CERTIFICATE EVIDENCING THE CONSTITUTION OF THE INSPECTION COMMITTEE AS ON 27.2.2009. P14:- COPY OF THE INTERIM ORDER PASSED IN WP. 20501/2010. P15:- COPY OF THE G.O.(MS) NO.137/2011/G.EDN. DTD. 10.6.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 35397/2009-T & 21156/2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2011. JUDGMENT These writ petitions have been filed by the petitioners seeking for grant of No Objection Certificate for affiliation to the Central Board Secondary Education (CBSE). 2. At the time when the writ petitions were filed, the stand of the State Government was against the grant of NOC. Now, as per order dated 10.6.2011, produced as Ext.P15 in W.P.(C) No.35397/2009, the Government has decided to grant NOC for getting CBSE/ICSE affiliation to the schools, which totally fulfills the norms and conditions prescribed by the CBSE/ICSE and having own land and basic facilities. It is pointed out by the learned counsel for the petitioners that the applications submitted by the petitioners are still pending before the District Educational Officer concerned. 3. There will be a direction to the District Educational Officer concerned to forward the applications of the respective petitioners for grant of NOC, through proper channel, to the Government for consideration and the Government will pass appropriate orders in accordance with law and in wpc 35397/2009 & 21156/2010 2 terms of the guidelines, within a period of two months from the date of receipt of a copy of this judgment. If the petitioners produce the NOC before the CBSE, the same will be considered and appropriate decision will be taken with regard to the grant of affiliation, expeditiously. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/