Dismissed

M.E.S. Aa Rahim Memorial Central School v. Union of India

Kerala HC25 Sept 2018WP(C)/8642/2018

Case brief

AI extract

What is this about?

Petitioner challenged CBSE's refusal of provisional affiliation due to lack of state recognition. Court dismissed challenge, remanded recognition application to State within three months, and directed CBSE to consider affiliation upon receipt of recognition and NOC before next academic year.

What did the court decide?

Recognition application remanded to State within three months; CBSE directed to consider affiliation after recognition/NOC before next academic year. No immediate affiliation granted.

M.E.S. Aa Rahim Memorial Central School Vs Union of… — Education and Admissions | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

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WP(C).No. 8642 of 2018

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PETITIONER/S:

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M.E.S. AA RAHIM MEMORIAL CENTRAL SCHOOL (CBSE) ATHOLIKKAVU, ATHOLI POST, KOZHIKODE DISTRICT 673 315, REPRESENTED BY ITS MANAGER PROF. A.P.M. HAMZA, AGED 54 YEARS, SON OF ZUBAIR V.K, RESIDING AT "RITHAM", NEAR ANDI COMPANY, THIRUVANGOOR P.O, KOZHIKODE DISTRICT 673 304.

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BY ADVS. SRI.TPM.IBRAHIM KHAN (SR.) SMT.P.J.RAZIA BEEVI

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SHASTHRI BHAVAN, NEW DELHI 110 001

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2 CENTRAL BORAD OF SECONDARY EDUCATION (CBSE) REPRESENTED BY ITS DEPUTY SECRETARY (AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), "SHIKSHA KENDRA", 2, COMMUNITY CENTRE, PREET VIHAR, DELHI 110 092.

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3 ADDL.R3. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.

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4 ADDL.R4. THE ASSISTANT EDUCATIONAL OFFICER KOILANDY.

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(ADDL.R3 AND R4 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 25.09.2018.) BY ADVS. SRI.M.C.MONY, CGC SRI.M.C.MONY CGC SRI.NIRMAL S. SC CBSE

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B.UNNIKRISHNA KAIMAL GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8642 of 2018

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JUDGMENT

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In this writ petition, the petitioner challenges a

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decision of CBSE refusing to grant provisional affiliation to the petitioner.

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As of now, admittedly the petitioner does not

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have recognition from the State Government. Pending writ petition, the petitioner applied for recognition.

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Based on the No Objection Certificate granted by

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the State Government as seen from Ext.P1, CBSE appears to have conducted inspection for considering the request for affiliation. At the time of recommendation, the work of construction of compound wall was not complete and petitioner requested CBSE not to reject the application till the application is considered.

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Anyhow, the petitioner having not obtained the recognition, CBSE cannot consider the request for affiliation. In that background of the facts, the writ

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petition is disposed with the following directions:

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The application for recognition shall be

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considered by the 3^rd respondent to its logical

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conclusion, within a period of three months.

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The application shall be considered in the

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WP(C).No. 8642 of 2018

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common judgment of this Court in W.P.(C).No. 31912/2014 dated 05.07.2018.

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The Government shall also consider the request for NOC in the light of Ext.P1 already given to the petitioner and also in the light of aforementioned common judgment without any delay.

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Based on the recognition and NOC, the CBSE shall consider the request for affiliation after adverting to Ext.P5 and other reports already, if necessary, after conducting further inspection.

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The request for affiliation shall be considered without further delay, at any rate, before the next academic year commenced.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

nkr/29.09.2018

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WP(C).No. 8642 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A PHOTOSTAT COPY OF THE CERTIFICATE WITH FILE NO 1411 OF 2012 DATED 24-09-2012 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, NEW DELHI.
EXHIBIT P2	A PHOTOSTAT COPY OF THE ORDER GRANTING NOC VIDE G.O (MS) NO 17/2015/G.EDN DATED 19-01- 2015 ISSUED BY THE ADDITIONAL SECRETARY, GOVERNMENT OF KERALA, GENERAL EDUCATION (N), DEPARTMENT, THIRUVANANTHAPURAM.
EXHIBIT P3	A PHOTOSTAT COPY OF THE ONLINE APPLICATION DATED 09-03-2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT- CBSE.
EXHIBIT P4	A PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 25-06-2015 FOR THE PAYMENT OF RS 75,000/- TOWARDS AFFILIATION FEES.
EXHIBIT P5	A PHOTOSTAT COPY OF THE INSPECTION REPORT FOR APPROVAL OF MIDDLE CLASS SYLLABUS/PROVISIONAL AFFILIATION/UPGRADATION TO PLUS TWO STAGE, ISSUED BY THE 2ND RESPONDENT- CBSE.
EXHIBIT P6	TRUE PHOTOGRAPHS SHOWING THE COMPLETION OF THE CONSTRUCTION OF COMPOUND WALL OF THE PETITIONER SCHOOL.
EXHIBIT P7	A PHOTOSTAT COPY OF THE LETTER NO AS3/15 DATED 02-07-2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P8	A PHOTOSTAT COPY OF THE LETTER NO AS3/15 DATED 31-05-2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P9	A PHOTOSTAT COPY OF THE LETTER NO AS 3/15 DATED 06-09-2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P10	A PHOTOSTAT COPY OF THE COMMUNICATION NO CBSE/AFF./SL-00750-1617/2017/1252924 DATED 22-05-2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11	A PHOTOSTAT COPY OF THE LETTER NO AS 3/2015

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WP(C).No. 8642 of 2018

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	DATED 31-05-2017/ SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P12	A PHOTOSTAT COPY OF THE ORDER/COMMUNICATION NO CBSE.AFF./SL-00750-1617/2017/1302096 DATED 16/20-09-2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P13	A PHOTOSTAT COPY OF THE LETTER DATED 20-10- 2017 SENT BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P14	A PHOTOSTAT COPY OF THE ORDER NO B/1837/2017 DATED 16-06-2017 PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, KOYILANDI.
EXHIBIT P15	A PHOTOSTAT COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 06-10-2017 IN WRIT PETITION (CIVIL) NO 31768 OF 2017 (U).

M.E.S. Aa Rahim Memorial Central School v. Union of India

Case brief

What is this about?

What did the court decide?

M.E.S. Aa Rahim Memorial Central School v. Union of India

Case brief

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What did the court decide?

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