Disposed

St.Mary'S Public School v. State of Kerala and Others

Kerala HC12 May 2009WP(C)/13182/2009

Case brief

AI extract

What is this about?

The Court disposed of a writ petition by directing the State to consider the petitioner's application for a No Objection Certificate. The direction was based on an earlier Division Bench ruling that applications are eligible for consideration despite a new restrictive clause introduced in Government Orders.

What did the court decide?

Direction to the first respondent to receive the petitioner's application for issuance of No Objection Certificate on file and take a decision thereon in light of the directions in the Exhibit-P11 jud

St.Mary'S Public School Vs State of Kerala and Others — Education and Admissions | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931

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WP(C).No. 13182 of 2009(P) --------------------------

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PETITIONER:

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ST.MARY'S PUBLIC SCHOOL, MANGALAM DAM P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER, FR. RAJU MARKOSE.

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BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE PRINCIPAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), A.M.C. CELL, SHIKSHA KENDRA,

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2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092.

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THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

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BY GOVT. PLEADER SRI.P. NANDAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI,J.

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W.P ( C) No. 13182 of 2009

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Dated this the 12^th May,2009

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J U D G M E N T

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Issue raised by the petitioner in this writ petition is covered by Exhibit -P11 judgment of the Division Bench dealing with the validity of a sub clause contained in Government Order restricting consideration of applications for No Objection Certificates to schools requiring affiliation to CBSE. The Division Bench has held that the applications are eligible to be considered in the light of G.O (MS) No.18/88/G.Edn dated 12.1.1988 ignoring the newly introduced clause 1 (a) of G.O (MS) No.204/08/G.Edn. dated 15.12.2008 as amended by the subsequent G.O (MS) 3/09/G.Edn. dated 5.1.2009.

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In the result, the writ petition is disposed of directing the first respondent to receive the petitioner's application for issuance of No Objection Certificate on file and take a decision thereon in the light of the directions issued by the Division Bench in Exhibit-P11 judgment

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W.P ( C) No. 13182 of 2009

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within a period of one month from the date of receipt of a copy of this judgment.

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Learned Senior Government Pleader Sri.P. Nandakumar appearing for respondents submits that appeals against Exhibit-P11 are coming up before the Supreme Court on 15.5.2009. Needless to say, the direction issued herein will be subject to any order that the Supreme Court may deem fit to pass in the appeals against Exhibit-P11 judgment.

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(V.GIRI,JUDGE)

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W.P ( C) No. 13182 of 2009

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W.P ( C) No. 13182 of 2009

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St.Mary'S Public School v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

St.Mary'S Public School v. State of Kerala and Others

Case brief

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