Disposed

Noor Mohamed Nooreesa v. Central Board of Secondary Education Affiliation Branch

Kerala HC6 Jan 2021WP(C)/28159/2020

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus directing respondents to issue a Non-Objection Certificate (NOC) and consider an application without further delay. The Court directed the District Educational Officer to take a decision on the NOC request within one month, keeping interim orders in force.

What did the court decide?

Direction to the 2nd respondent to decide on the request for NOC within one month; interim order dated 16.12.2020 remains in force.

Noor Mohamed Nooreesa Vs Central Board of Secondary… — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

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WP(C).No.28159 OF 2020(T)

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PETITIONER:

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NOOR MOHAMED NOOREESA AGED 63 YEARS

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MANAGER PEACE INTERNATIONAL SCHOOL, THATHAPPALLY, MANNAM P.O., NORTH PARAVUR, ERNAKULAM DISTRICT.

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BY ADVS.

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SRI.S.SREEKUMAR (KOLLAM) SMT.V.BEENA

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION AFFILIATION BRANCH

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SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REPRESENTED BY ITS SECRETARY.

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2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 DISTRICT EDUCATIONAL OFFICER, ALUVA, PIN-683 101.

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4 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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OTHER PRESENT:

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GP- SMT. NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28159 OF 2020(T)

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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“(i) To issue a writ of mandamus or any other appropriate order, directing the 2^nd and 4^th respondents to issue NOC (Non Objection Certificate) to the petitioner's school as per Exhibit P5 letter dated 08.04.2019 of the District Educational Officer, Aluva.

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(ii) To issue a writ of mandamus any other appropriate order, directing the 4^th respondent to consider the Exhibit P7 application of the petitioner's school within a time frame by this Hon'ble Court.”

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Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned counsel appearing for the 1^st respondent.

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It is submitted by the learned counsel for the petitioner that the delay on the part of respondents 2 and 4 in considering the request made by the petitioner for NOC is creating undue difficulties to the petitioner, since the 1^st respondent has threatened to cancel the affiliation in case the NOC is not produced without delay.

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WP(C).No.28159 OF 2020(T)

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It is submitted by the learned Government Pleader that the 4^th respondent has already forwarded the request made by the petitioner for NOC with due recommendations to the 2^nd respondent and that the application will be considered without delay.

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In the above view of the matter, there will be a direction to the 2^nd respondent to take an appropriate decision on the request made by the petitioner for NOC within a period of one month from the date of receipt of a copy of this judgment. Till such time, the interim order dated 16.12.2020 shall remain in force.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/06.01.2021

WP(C).No.28159 OF 2020(T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE 05.07.2018 IN WP(C) HON'BLE HIGH COURT.	JUDGMENT DATED NO.19292/2017 OF THE
EXHIBIT P2	THE TRUE COPY OF THE NO.29668/2019 DATED HON'BLE HIGH COURT,	JUDGMENT IN WP(C) 12.11.2019 OF THE
EXHIBIT P3	THE TRUE COPY OF THE 27.08.2019 ISSUED BY TAHASILDAR.	LETTER DATED THE PARAVUR
EXHIBIT P4	THE TRUE COPY OF THE 65923/19 ISSUED BY T ERNAKULAM DATED 25.0	CERTIFICATE NO.A4- HE DISTRICT COLLECTOR 9.2019.
EXHIBIT P5	THE TRUE COPY OF THE DATED 08.04.2019 ISS EDUCATIONAL OFFICER,	LETTER NO.B6/2439/19 UED BY THE DISTRICT ALUVA.
EXHIBIT P6	THE TRUE COPY OF THE NO.CBSE/AFF/SL-00075 02.12.2020 ISSUED BY SECONDARY EDUCATION.	LETTER -1920/2019-20 DATED THE CENTRAL BOARD OF
EXHIBIT P7	THE TRUE COPY OF THE 04.12.2020 SUBMITTED SCHOOL TO THE 4TH RE	APPLICATION DATED BY THE PETITIONERS SPONDENT.

Noor Mohamed Nooreesa v. Central Board of Secondary Education Affiliation Branch

Case brief

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Noor Mohamed Nooreesa v. Central Board of Secondary Education Affiliation Branch

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