Petitioner school sought affiliation and exemption from State NOC requirement. Court noted State Government issued NOC during pendency and directed Council to consider permanent affiliation within two months.
Directed first respondent to consider request for permanent affiliation within two months of receipt of judgment copy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 16TH DAY OF NOVEMBER 2012/25TH KARTHIKA 1934
WP(C).No. 7698 of 2010 (J)
PETITIONER:
MANAGER, GREEN WOODS PUBLIC SCHOOL, ARATKADAVU ROAD, KANIYANBADI, BEKAL P.O. KASARGOD DISTRICT. BY ADVS.SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN
RESPONDENTS:
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-110505.
3. STATE OF KERALA SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.
R1 & 2 BY ADVS.SRI.V.V.RAJA SMT.LOWSY A SRI.R.RANJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 7698 of 2010 (J)
APPENDIX --------
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE TRUST DEED DATED 23.3.2005
EXT.P2. COPY OF A PAMPHLET OF THE SCHOOL SHOWING THE LOCATION ETC.
EXT.P3. COPY OF CHAPTER I OF THE GUIDELINES FOR AFFILIATION PRESCRIBED BY THE ICSE.
EXT.P4. COPY OF THE LETTER OF THE DPI FORWARDING THE APPLICATION FOR NOC FOR AFFILIATION.
EXT.P5. COPY OF THE COMMUNICATION DATED 17.1.2007 OF THE DPI
EXT.P6. COPY OF THE GOVERNMENT LETTER MENTIONED IN EXT.P5.
EXT.P7. COPY OF THE LETTER DATED 24.5.2007 OF THE 1ST RESPONDENT.
ET.P8. COPY OF G.O. (P) 107/07/G.EDN. DATED 13.6.2007.
EXT.P9. COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER RESUBMITTING THE APPLICATI0ON FOR NOC.
EXT.P10. COPY OF THE JUDGEMENT DATED 26.11.2007 IN WPC NO.34885/2007
EXT.P11. COPY OF ODER DATED 2.1.2008 OF THE THIRD RESPONDENT.
EXT.P12. COPY OF THE JUDGEMENT DATED 15.12.2008 IN WPC NO.2479/2008 EXT.P12(A) COPY OF THE JUDGMENT DT 15.12.08 IN WPC NO.32141/08.
EXT.P13. COPY OF G.O. (MS) 204/08/G.EDN. DATED 15.12.2008
EX.P14. COPY OF G.O (MS) 3/09/G.EDN. DATED 5.1.2009
EXT.P15. COPY OF THE ORDER DATED 24.3.2009 OF THE THIRD RESPONDENT. EXT.P16. COPY OF THE CERTIFICATE ISSUED BY THE CANARA BANK,PALAKUNNU BRANCH.
EXT.P17. COPY OF SALARY STATEMENT OF STAFF.
EXT.P18. COPY OF SALARY STATEMENT OF STAFF VK
WP(C).No. 7698 of 2010 (J)
EXT.P18(A). COY OF SALARY STTEMENT OF STAFF
EXT.P18(B). COPY OF SALARY SATEMENT OF STAFF
EXT.P19. COPY OF THE CERTIFICATE ISSUED BY THE P.F ORGANIZATION.
EXT.P20. COPY OF THE APPLICAITION FOR AFFILIATION SUBMITTED BY THE TRAVANCORE DEVASWOM BOARD FOR ITS SCHOOL AT VETTIKAVALA, KOTTARAKKARA, KOLLAM DISTRICT DATED 21.4.2008
EXT.P21. COPY OF THE ORDER GRANTING PROVITIONAL AFFILIATION TO TDB SCHOOL, VETTIKAVALA.
EXT.P22. COPY OF THE APPLICATION SUBMITTED BY TRAVANCORE DEVASWOM BOARD FOR ITS SCHOOL AT CHAKKUVALLY, SOORANAD, KOLLAM DISTRICT DATED 29.6.2007.
EXT.P23. COPY OF THE ORDER DATED 26.3.2008 GRANTING AFFILIATION TO TDB SCHOOL, SOORANAD.
EXT.P24. COPY OF LAND CERTiFICATE OF THE TDB SCHOOL, SOORANAD DATED 30.6.2007.
EXT.P25. COPY OF APPLICATION SUBMITTED BY THE TRAVANCORE DEVASWOM BOARD FOR ITS SCHOOL AT ALTHARAMOODU, KADAKKAL, KOLLAM DISTRICT DATED 13.6.2008
EXT.P26. COPY OF THE ORDER DATED 22.5.2009 GRANTING AFFILIATION TO TDB SCHOOL, ALTHARAMOODU, KOLLAM.
EXT.P27. COPY OF NEWSPAPER REPORT THAT APPEARED IN THE MALAYALA MANORAMA DAILY DATED 21.2.2010 IN RESPECT OF GLOBAL PUBLC SCHOOL
EXT.P28. COPY OF THE COMMUNICATION DATED 15.12.2009 OF THE FIRST RESPONDENT.
EXTP29. COPY OF RELEVANT PORTION OF A REPORT REGARDING THE ISSUANCE OF NOC TO CBSE/ICSE SCHOOLS SUBMITTED TO GOVERNMENT BY THE COMMITTEE HEADED BY THE MINISTER FOR LOACAL ADMINISTRATION.
EXT.P30. COPY OF THE G.O (RT) NO. 1977/09/GENERAL EDUCATION DATED 23.5.2009.
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WP(C).No. 7698 of 2010 (J)
(EXT.P29. COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT.) CORRECTED AS EXT.P30(A). A PER ORDER DATED 4.4.12 IN IA. 5272/12.
(EXT.P30. COPY OF THE COMMUNICATION NO.KE 118/2012 DATED 19.3.2012 OF THE FIRST RESPONDENT.) CORRECTED AS EXT.P31. AS PER ORDER DATED 30.3.12 IN IA 5093/12.
RESONDENT'S EXHIBIT
R2(A). ORIGINAL COPY OF THE AFFILIATION GUIDELINE OF THE 1ST RESPONDENT.
/ TRUE COPY /
P.A. TO JUDGE
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P.R.RAMACHANDRA MENON, J.
W.P.(c) No. 7698 OF 2010
Dated this the 16th day of November , 2012
JUDGMENT
The petitioner has approached this Court for the following reliefs :
“A. Declare that the petitioner's school is entitled to be granted the affiliation by the first respondent in view of the school being found eligible for grant of affiliation by the first respondent and pass an order exempting the petitioner from the requirement of NOC of the State Government in the peculiar facts and circumstances of the case.
B. Direct the first respondent to pass orders enabling the petitioner's school to be granted permanent affiliation forthwith or within a time limit fixed by this Hon'ble Court.
C. If found necessary issue a writ of certiorari or other appropriate writ or order calling for the records relating to Ext.P15 and quash the same to the extent it has denied the NOC to the
W.P.(C)No.7698/2010
2
petitioner's school.
D. Grant such other reliefs as are deemed fit and proper.
E. Grant the cost of this writ petition.”
Considering the turn of events, this writ petition is disposed of, directing the first respondent to consider the request for permanent
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affiliation of the petitioner in the light of the 'NOC' stated as issued by the State Government and the orders granting provisional affiliation, pursuant to the interim order passed by this Court in this writ petition. The proceedings as above shall be finalised at the earliest, at any rate
within 'two' months from the date of receipt of a copy of this judgment.
P.R.RAMACHANDRA MENON JUDGE
sv.
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2 issues framed by the court
Whether the petitioner school is entitled to affiliation considering the State Government has issued Non-Objection Certificate.
Whether the Council for the Indian School Certificate Examinations must consider the school's claim for permanent affiliation.
1 provisions across 1 enactments
Manager, Green Woods Public School
Council for the Indian School Certificate Examinations
State of Kerala
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
