Santhome Central School ... vs State Of Kerala
2021 Latest Caselaw 1034 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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

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


PETITIONERS:

      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.

      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.

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

RESPONDENTS:

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

      2        DIRECTOR OF PUBLIC INSTRUCTIONS,
               THIRUVANANTHAPURAM-695 001.

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

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

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

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9314 OF 2020(L)

                                 -2-

                              JUDGMENT

Dated this the 12th day of January 2021

An unrecognized School and the President of

its governing body are before this Court seeking

that the respondents 1 and 2, namely, the State

of Kerala and the Director Public Instructions

(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 4th

respondent-Council for Indian School Certificate

Examinations (ISCE).

2. Sri. T.M.Abdul Latiff, learned counsel

appearing for the petitioners, submitted that

when this matter was considered by this Court on

5th August, 2020, it was reported by the

learned Government Pleader that there were

certain deficiencies in his clients' WP(C).No.9314 OF 2020(L)

application, but that all of them had been

subsequently rectified; and that this Court,

therefore, passed an order on that day directing

the Government to issue orders on their

application within a period of two months.

3. Sri. T.M.Abdul Latiff then submitted

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.

4. In response to the above, the learned

Senior Government Pleader Sri.P.M.Manoj,

submitted that it is true that the Government

could not process the application for NOC WP(C).No.9314 OF 2020(L)

submitted by the petitioners, in spite of the

order of this Court dated 5th 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.

5. When I go through the earlier

proceedings on the files of this case, it is

without doubt that this Court had passed the

following order on 5th August, 2020:

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

further period of two months.

6. Thereafter, the application appears to

have been considered by the Government, but

finding that the proforma in Appendix II is

missing, the file is stated to have been

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.

Resultantly, I order this writ petition in

the following manner:

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

respect to the application of the petitioners

for NOC-to the Government within a period of one

week from the date of receipt of a certified

copy of this judgment.

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

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.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.9314 OF 2020(L)

APPENDIX PETITIONER'S/S EXHIBITS:

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

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.

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

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.

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

ANNEXURE A3 TRUE COY OF THE COURIER RECEIPT DATED 17.10.2020.

RESPONDENT'S/S EXHIBITS : NIL.

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