High Court of KeralaWP(C)/9010/2010disposed of

Manager Holy Family Public School v. Cisce & Others

2015-05-20Honourable Dr. Justice A.K.Jayasankaran Nambiar6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 WP(C).No. 9010 of 2010 (A) --------------------------- PETITIONER :

----------------------- MANAGER, HOLY FAMILY PUBLIC SCHOOL, VAYYATTUPUZHA.P.O, CHITTAR, PATHANAMTHITTA DISTRICT. BY ADVS.SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S):

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1. COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, REPRESENTED BY ITS CHIEF EXECUTIVE/SECRETARY, PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI-110 505.

2. CHIEF EXECUTIVE/SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI-110 505.

3. STATE OF KERALA SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

R1 & R2 BY ADV. SRI.R.RANJITH R3 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE RELEVANT BYE LAWS OF THE FIRST RESPONDENT FOR AFFILIATION P2 COPY OF THE G.O(MS) 18/88/G.EDN DATED 12/1/1988. P3 COPY OF THE COVERING LETTER SUBMITTED TO THE THIRD RESPONDENT DATED 22/9/2007 P3(A) COPY OF THE LETTER TO THE FIRST RESPONDENT SEEKING NOC P4 COPY OF THE CHALAN EVIDENCING THE PAYMENT OF RS.25,000/- TOWARDS THE FEE FOR NOC P5 COPY OF THE COMMUNICATION DATED 30/3/2006 OF THE DEO P5(A) COPY OF THE VISIT REPORT OF THE DEO P5(B) COPY OF THE SURVEY REPORT OF THE DEO P6 COPY OF JUDGEMENT DATED 25/9/2007 IN WP(C).NO.22402/2007 P7 COPY OF THE G.O.(RT) 5814/07/G.EDN DATED 19/12/2007 REJECTING THE APPLICATION FOR NOC P8 COPY OF THE JUDGMENT DATED 15/12/2008 IN WP(C).NO.32141/2008 P9 COPY OF THE JUDGMENT DATED 15/12/2008 IN WP(C).NO.1439/2008 P10 COPY OF THE G.O(MS)204/08/G.EDN DATED 15/12/2008 P10(A) COPY OF THE G.

O(MS) 3/09/G.

-2P16 COPY OF THE ORDER GRANTING PROVISIONAL AFFILIATION TO TDB SCHOOL, VETTIKAVALA, KOTTARAKKARA, KOLLAM BY CBSE P17 COPY OF THE APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD FOR ITS SCHOOL AT CHAKKUVALLY, SOORANAD, KOLLAM DISTRICT DATED 19/6/2007 P18 COPY OF THE ORDER DATED 26/3/2008 GRANTING AFFILIATION TO TRAVANCORE DEVASWOM BOARD SCHOOL AT CHAKKUVALLY, SOORANAD, KOLLAM DISTRICT P19 COPY OF THE LAND CERTIFICATE OF THE TRAVANCORE DEVASWOM BOARD SCHOOL AT CHAKKUVALLY, SOORANAD, KOLLAM DISTRICT DATED 30/6/2007 P20 COPY OF THE APPLICATION SUBMITTED BY THE TRAVANCORE DEVASWOM BOARD FOR ITS SCHOOL AT ALTHARAMOODU, KADAKKAL, KOLLAM DISTRICT DATED 13/6/2008 P21 COPY OF THE ORDER DATED 22/5/2009 GRANTING AFFILIATION TO TRAVANCORE DEVASWOM BOARD FOR ITS SCHOOL AT ALTHARAMOODU, KADAKKAL, KOLLAM DISTRICT P22 COPY OF THE ACQUITTANCE REGISTER FOR THE MONTH OF JANUARY 2009 P22(A) COPY OF THE CHALAN EVIDENCING PAYMENT OF P.

-3P26(F) COPY OF THE PF CHALAN FOR THE MONTH OF DECEMBER 2009 P27 COPY OF THE LIST OF STAFF MEMBERS P28 COPY OF THE G.O.(MS)244/99/G.EDN DATED 30/9/1999 ISSUED BY THE THIRD RESPONDENT P29 COPY OF THE COMMUNICATION DATED 22/2/2010 OF THE FIRST RESPONDENT P30 COPY OF THE G.O.(RT)NO.1977/09/GENERAL EDUCATION DATED 23/5/2009 RESPONDENT'S EXHIBITS:

R2(A) COPY OF THE AFFILIATION GUIDELINE OF THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 9010 of 2010 ===================================================== Dated this the 20th day of May, 2015

JUDGMENT

The petitioner had approached this Court through the present writ petition seeking a declaration that the petitioner school was entitled to be granted an affiliation by the 1st respondent in view the school being found eligible for grant of affiliation by the 1st respondent. The writ petition was filed in the wake of an insistence by the 1st respondent in its bye laws that before granting provisional affiliation, the petitioner school was required to get an NOC from the State Government. Apparently the State Government was reluctant to grant the NOC to the petitioner school notwithstanding the fact that the 1st respondent board had found the school eligible for the grant of provisional affiliation. 2.

It is pointed out by the learned counsel for the petitioner that, by an interim order dated 20.04.2010 in IA No.5246 of 2010, this Court had directed the 2nd respondent to provisionally grant affiliation to the petitioner school without insisting for an NOC from the 3rd respondent. It is pointed out that pursuant to the said interim order, the petitioner school was granted provisional affiliation without an NOC being issued by the 3rd respondent. Inasmuch as the prayer of the petitioner in the writ petition

-2W.P.(C). No. 9010 of 2010 virtually stood redressed by the aforesaid interim order of this Court and the petitioner is not concerned with the grant of permanent affiliation as of now, the writ petition is closed by making the interim order dated 20.04.2010 absolute, inasmuch as it pertains to the grant of temporary affiliation to the petitioner school.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das