The Manager vs The State Of Kerala
2021 Latest Caselaw 1107 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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

                       WP(C).No.26973 OF 2020(V)


PETITIONER:

               THE MANAGER
               PEACE PUBLIC SCHOOL, MATHILAKAM, PADIYUR P.O.
               THRISSUR DISTRICT-680 695.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-11,
               THIRUVANANTHAPURAM-695 001.

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

      3        THE DISTRICT EDUCATIONAL OFFICER,
               IRINJALAKUDA, THRISSUR DISTRICT-680 121.



               SR.GP - SMT. NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26973 OF 2020(V)

                                        2




                                 JUDGMENT

Dated this the 12th day of January 2021

This writ petition is filed seeking the following reliefs:

i) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to grant NOC to the petitioner for recognition of Central Board of Secondary Education.

ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent to take decision on Exhibit P2, adverting to Exhibits P1, P3 to P5 in a time bound manner with notice to the petitioner.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

the petitioner's application for NOC for the purpose of applying for

affiliation before the C.B.S.E., has been received by the competent

authority and is pending before the Government with the

recommendation of the 2nd respondent. WP(C).No.26973 OF 2020(V)

4. The learned Government Pleader submits that the

application along with a recommendation of the 2 nd respondent has

been received by the Government and is pending before the 1 st

respondent.

In the above view of the matter, there will be a direction to the

1st respondent to take up the application submitted by the

petitioner and the recommendation of the 2 nd respondent and to

pass appropriate orders thereon within a period of two months

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.26973 OF 2020(V)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WA NO 517/2019 DATED 12.7.2019

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR RECOGNITION AND NOC FOR AFFILIATION SUBMITTED BY THE PETITIONER DATED NIL

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT EDUCATIONAL OFFICER IN RESPECT OF SCHOOLS SEEKING AFFILIATION WITH THE CENTRAL BOARD OF SECONDARY EDUCATION DATED NIL

EXHIBIT P4 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT ADDRESSING THE 2ND RESPONDENT DATED 25.6.2019

EXHIBIT P5 TRUE COPY OF THE GO(MS) NO 23/2020/G.EDN DATED 4.2.2020