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Kerala High Court
Chairman vs Central Board Of Secondary ...
       

  

  

 
 
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

              THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

         WEDNESDAY, THE 18TH DAY OF JANUARY 2012/28TH POUSHA 1933

                           WPC.No. 20261 of 2010 (G)
                              -------------------------

PETITIONER:
-------------

          CHAIRMAN, SMD PUBLIC SCHOOL,
          PEROOR, TKMC (PO), KOLLAM-691 005.


          BY ADVS.SRI.MOHAN JACOB GEORGE
                  SMT.P.V.PARVATHI
                  SMT.REENA THOMAS
                  SRI.L.RAM MOHAN

RESPONDENT(S):
-----------------

       1. CENTRAL BOARD OF SECONDARY EDUCATION,
          (AFFILIATION UNIT), A.M.C.CELL, PREETH VIHAR
          DELHI-110092, REPRESENTED
          BY ITS CHAIRMAN/PRINCIPAL OFFICER.

       2. STATE OF KERALA REPRESENTED
          BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT
          THIRUVANANTHAPURAM-695 039.

       3. THE DISTRICT EDUCATIONAL OFFICER,
          KOLLAM-691 001.

       4. THE DIRECTOR OF PUBLIC INSTRUCTION,
          THIRUVANANTHAPURAM-695 014.

           BY STANDING COUNSEL SHRI DEVAN RAMACHANDRAN FOR R1
             GOVERNMENT PLEADER SMT.LOWCY A. FOR R2 TO R4

         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-01-
2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

                     APPENDIX IN W.P.(C)No.20261/10

PETITIONER'S EXTS:

EXT.P1:     COPY OF APPLICATION SUBMITTED BY THE PETITIONER.

EXT.P2:     COPY OF COMMUNICATION NO.38333/N3/06/G.EDN. DT.7.11.06 OF
            THE first RESPONDENT.

EXT.P3:     COPY OF GO(MS)NO.18/88/G.EDN. DT.12.1.88.

EXT.P4:     COPY OF JUDGMENT DT.15.12.08 IN W.P.(C)No. 32141/08.

EXT.P5:     COPY OF GO(MS)NO.204/08/G.EDN. DT.15.12.08.

EXT.P6:     COPY OF GO(MS)NO.3/09/G.EDN. DT.5.1.09.

EXT.P7:     COPY OF GO(MS)NO.82/88/G.EDN. DT.15.4.88.

EXT.P8:     COPY OF APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM
            BOARD     CENTRAL   SCHOOL,   CHAKKUVALLY,     SOORANAD    PO,
            SOORANAD, KUNNATHOOR OBTAINED FROM THE WEB SITE OF CBSE.

EXT.P9:     COPY OF LAND CERTIFICATE DT.30.6.07 OF THE TRAVANCORE
            DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD
            PO, SOORANAD, KUNNATHOOR.

EXT.P10:    COPY OF ORDER DT.26.3.08 SANCTIONING AFFILIATION TO THE TDB
            CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD.

EXT.P11:    COPY OF APPLICATION SUBMITTED BY THE TDB CENTRAL SCHOOL,
            VETTIKKAVALA, KOLLAM.

EXT.P12:    COPY OF AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL,
            KADAKKAL.

EXT.P12(A); COPY OF AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL,
            VETTIKKAVALA, KOTTARAKKARA, KOLLAM.

EXT.P13:    COPY OF INTERIM ORDER PASSED IN W.P.(C)No.29649/09 AND
            CONNECTED CASES.

EXT.P14:    COPY OF ELIGIBILITY CERTIFICATE DT.19.12.11 ISSUED BY THE CBSE.

EXT.P15:    COPY OF GO(MS)NO.15/2012/G.EDN. DT.16.1.12 ISSUED BY THE
            STATE GOVERNMENT TO THE PETITIONER.




                                          TRUE COPY

                                          P.A.TO JUDGE

dsn



                   T.R.RAMACHANDRAN NAIR, J.
                   ------------------------------------
                    W.P.(C).No.20261 OF 2010
                   ------------------------------------
          DATED THIS THE 18th DAY OF JANUARY, 2012

                            J U D G M E N T

The prayers in the Writ Petition are two fold: (1) to grant No Objection Certificate by the State Government and (2) to grant affiliation by the CBSE.

2. The learned counsel for the petitioner submitted that the Government has granted No Objection Certificate to the petitioner. Exhibit P14 shows that the CBSE has also, after their inspection, found that the school is eligible for grant of provisional affiliation subject to final orders to be passed by this Court and issuance of of No Objection Certificate by the State Government. The grant of No Objection Certificate to the petitioner is evident from Exhibit P15 order dated 16.1.2012.

3. Therefore, the Writ Petition is disposed of directing the 1st respondent-CBSE to consider the grant of affiliation to the petitioner on the petitioner producing the No Objection Certificate. Appropriate decision will be taken within a period of one month from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of as above.

Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn