Manager, Noble Public School v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WP(C).NO. 14784 OF 2012 (W) ---------------------------- PETITIONER:

------------ MANAGER, AGED 47 YEARS, NOBLE PUBLIC SCHOOL, PERUMPUZHA, KUNDARA, KOLLAM DISTRICT, PIN-691504.

BY ADVS.SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS RESPONDENT(S):

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1. STATE OF KERALA , REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695039.

2. THE DISTRICT EDUCATIONAL OFFICER KOLLAM-691001.

3. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695014.

R BY GOVERNMENT PLEADER, SRI. V.K. RAFEEK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 14784 OF 2012 (W) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :

EXHIBIT P1: COPY OF THE MINORITY CERTIFICATE DATED 21-05-2012 ISSUED TO THE PETITIONER'S SCHOOL.

EXHIBIT P2: COPY OF G.O.(MS)18/88/.EDN DATED 12-01-1988. EXHIBIT P3: COPY OF G.O.(MS)NO. 137/2011/G.EDN DATED 10-06-2011. EXHIBIT P3(A): COPY OF CHALAN EVIDENCING THE PAYMENT OF RS. 25,000/- TOWARDS THE FEE OF NOC.

EXHIBIT P3(B): COPY OF CERTIFICATE DATED 02-04-2012 ISSUED BY THE ELAMPALLOOR GRAMA PANCHAYATH.

EXHIBIT P4: COPY OF G.O.(MS)202/11/G.EDN DATED 07-10-2011. EXHIBIT P5: COPY OF CIRCULAR NO. 65057/N3/2011/G.EDN DATED 10-11-2011.

EXHIBIT P5(A): COPY OF THE AFFILIATION ORDER DATED 06-02-2012 OF THE CBSE ACCORDING AFFILIATION TO ONE SREE KANCHI PUBLIC SCHOOL, KALADY P.O., ERNAKULAM.

EXHIBIT P6: TRUE COPY OF THE INTERIM ORDER DATED 01-06-2012 IN WPC NO. 12592/2012.

RESPONDENTS' EXHIBITS :NIL //TRUE COPY// P.A. TO JUDGE DST

K. HARILAL, J.

= = = = = = = = = = = = = = = = = = W.P. (C) No.14784 of 2012 - - - - - - - - - -- - - - - - - - - - - Dated this the 20 th day of November, 2015

J U D G M E N T

Learned counsel for the petitioner submits that the matter involved in this Writ Petition now stands covered by the decision of the judgment rendered by this Court in State of Kerala v. Mythri Vidya Bhavan English Medium School and Another [2012(4) KHC 321]. In view of the said submission, the issue involved also will stand covered by the above decision.

2.

Learned Government Pleader submitted that though, the matter in issue involved in this Writ Petition has been covered by the above decision, but, now a Special Leave Petition filed by the Government is pending before the Supreme Court as S.L.P. No. 10297/2013 and 10298/2013. Hence, this Writ Petition will stand closed.

Sd/- K. HARILAL, JUDGE DST //True copy// P.A. To Judge