Disposed

Santhome Central School Mookkannoor v. State of Kerala

Kerala HC12 Jan 2021WP(C)/9314/2020

Case brief

AI extract

What is this about?

The Court directed the Director of General Education to re-transmit the file for a provisional affiliation matter to the Government. The Government must consider the application for a No Objection Certificate within one month after receiving the file and forwarding an opportunity of hearing.

What did the court decide?

Direct the DGE to re-transmit the file to the Government within one week; direct the Government to consider the application and issue an order within one month after receiving the files.

Santhome Central School Mookkannoor Vs State of Kerala — 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 MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.9314 OF 2020(L)

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PETITIONERS:

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1 SANTHOME CENTRAL SCHOOL MOOKKANNOOR, REPRESENTED BY EDUCATION COUNCILLOR, SMT. PRINCY K.L., D/O K.S.LONAPPAN RESIDING AT MARYMATHA PROVINCIAL HOUSE VENGOOR PIRAROOR P.O., PIN-683 574.

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2 PRESIDENT, SANTHOME CENTRAL SCHOOL, MOOKKANNOOR P.O., PIN-683 577, SMT. PRINCY K.L., D/O. K.S.LONAPPAN MARYMATHA PROVINCIAL HOUSE, VENGOOR, PIRAROOR P.O., PIN-683 574.

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BY ADVS. SRI.T.M.ABDUL LATHEEF SRI.K.ASHOK SARAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, GOVERNMENT EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.

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3 THE DISTRICT EDUCATIONAL OFFICER, ANGAMALI, PIN-683 572.

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4 COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATIONS, REPRESENTED BY ITS DIRECTOR, NEW DELHI, PIN-110505.

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BY ADVS.SRI. P.M.MANOJ – SR.GP SRI.M.T.SURESH KUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9314 OF 2020(L)

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JUDGMENT

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Dated this the 12th day of January 2021

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An unrecognized School and the President of

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its governing body are before this Court seeking

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that the respondents 1 and 2, namely, the State of Kerala and the Director Public Instructions

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(now re-designated as Director of General Education) respectively, be directed to issue the necessary “No Objection Certificate” (NOC) to them based on their application submitted as early as in the year 2011, so as to enable them to apply for permanent affiliation from the 4^th respondent-Council for Indian School Certificate Examinations (ISCE).

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Sri. T.M.Abdul Latiff, learned counsel

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appearing for the petitioners, submitted that when this matter was considered by this Court on

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5^th August, 2020, it was reported by the

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learned Government Pleader that there were certain deficiencies in his clients'

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WP(C).No.9314 OF 2020(L)

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application, but that all of them had been subsequently rectified; and that this Court, therefore, passed an order on that day directing

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the Government to issue orders on their application within a period of two months.

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that, however, in spite of this, no action has been taken by the Government yet and that they now say that this is because the office of the District Educational Officer had not forwarded the proforma in Appendix II of the application to the Government until now. He therefore, prays that the DEO be directed to take appropriate action for this purpose and that the Government be directed to issue final orders on the petitioners' application, within a time frame to be fixed by this Court.

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In response to the above, the learned

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Senior Government Pleader Sri.P.M.Manoj, submitted that it is true that the Government

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could not process the application for NOC

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submitted by the petitioners, in spite of the order of this Court dated 5^th August, 2020, because the office of the DEO had omitted to forward the proforma in Appendix II to them. He however, added that the DEO has, yesterday (11.01.2021), forwaded the said proforma to the Government and therefore, that they will now be in a position to take an appropriate decision thereon as per law, without any further avoidable delay.

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proceedings on the files of this case, it is without doubt that this Court had passed the following order on 5^th August, 2020:

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The petitioners point out that they have already received the certificates, the deficiency of which was pointed out in their application, as a reason for not processing the application. The petitioners have produced Ext.P11 certificate of approval issued on 13.07.2020 by the Department of Fire and Rescue Service and Ext.P12 affidavit of the Trust and submit that could not be handed over to the office of the DEO. Therefore, petitioners shall send it by post. On receipt of the same, the DEO shall forward it to the Government and orders shall be passed within a period of two weeks. The Government shall pass orders thereon within a

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WP(C).No.9314 OF 2020(L)

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further period of two months.

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Thereafter, the application appears to

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have been considered by the Government, but

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finding that the proforma in Appendix II is missing, the file is stated to have been

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returned to the DGE, where it is presently available. However, since the DEO has now forwarded the proforma in Appendix II to the Government, the DGE must also transmit the file to them, so that they can take a final decision on it immediately.

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Resultantly, I order this writ petition in the following manner:

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(a). The DGE will re-transmit the file-with

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respect to the application of the petitioners for NOC-to the Government within a period of one

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week from the date of receipt of a certified

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copy of this judgment.

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(b) The Government, on receiving the files from the DGE and on the basis of the proforma in appendix II, stated to have been forwarded to

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WP(C).No.9314 OF 2020(L)

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them by the DEO on 11.01.2021, will consider the application of the petitioners, after affording them an opportunity of being heard - either physically or through video conferencing - culminating an appropriate order thereon as expeditiously as is possible but not later than one month from the date on which the files are obtained by them from the DGE in terms of direction No.(a) as above.

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This writ petition is thus ordered.

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Sd/DEVAN RAMACHANDRAN JUDGE

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akv

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROVISIONAL AFFILIATION GRANTED BY THE 4TH RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE CHELLAN DATED 20.10.2011. EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACT OBTAINED ON ONLINE FOR SUBMITTING APPLICATION. EXHIBIT P4 TRUE COPY OF THE REMITTANCE OF FEE CERTIFICATE ISSUED DATED 23.5.2019. EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED ON ONLINE. EXHIBIT P6 TRUE COPY OF THE INFORMATION OBTAINED UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P7 TRUE COPY OF THE LETTER SUBMITTED BEFORE EDUCATIONAL OFFICER, ALUVA DATED 12.11.2019. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 22.5.2019. EXHIBIT P9 TRUE COPY OF THE COVERING LETTER DATED 12.3.2020. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 26.06.2020. EXHIBIT P11 TRUE COPY OF THE NOC NO.G1-3045/2020 DATED 13.07.2020. EXHIBIT P12 TRUE COPY OF THE RS.200 BOND PAPER DATED 26.6.2020 AFFIDAVIT OF TRUST REGARDING NONPROPRIETARY CHARACTER.

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EXHIBITS ALONG WITH I.A.NO.4 OF 2020

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ANNEXURE A1 TRUE COPY OF THE COVERING LETTER DATED 16.10.2020 WITH THE DOCUMENTS SUBMITTED BEFORE THE 2ND RESPONDENT. ANNEXURE A2 TRUE COPY OF THE SCREEN SHOT OF THE EMAIL MESSAGE DATED 16.10.2020.

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WP(C).No.9314 OF 2020(L)

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ANNEXURE A3 TRUE COY OF THE COURIER RECEIPT DATED 17.10.2020.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE

Santhome Central School Mookkannoor v. State of Kerala

Case brief

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Santhome Central School Mookkannoor v. State of Kerala

Case brief

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