The Manager vs State Of Kerala
2021 Latest Caselaw 22568 Ker

WP(C) NO. 21599 OF 2021      1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                    WP(C) NO. 21599 OF 2021
PETITIONER/S:

          THE MANAGER,
          MES FATHIMA RAHIM CENTRAL SCHOOL, KAITHAPOYIL
          KANNOTH P.O.,
          KOZHIKODE DISTRICT-673 580.

          BY ADV R.K.MURALEEDHARAN



RESPONDENTS :

    1     STATE OF KERALA,
          REP. BY ITS SECRETARY,
          DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DGE, JAGATHI,
          THIRUVANANTHAPURAM-695 014.

    3     DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTRICT-673 004.



          SRI. BIJOY CHANDRAN, SR. GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21599 OF 2021                    2




                                    JUDGMENT

The petitioner is the Manager of MES Fathima Rahim Central School,

Kozhikode, an aided school run by the Muslim Educational Society (MES) and

registered under the Societies Registration Act, 1860. The petitioner had

approached this Court earlier challenging the norms fixed by the Government

and by judgment dated 12.11.2012, a copy of which is produced as Ext.P2, the

1st respondent was directed to consider the application filed by the petitioner.

After a slew of litigations, Ext.P3 order was passed by the Government on

03.04.2013 as per which No Objection Certificate (NOC) was granted to the

school. However, it was with a rider that the order would be subject to the

outcome of the SLP to be filed by the Government against the judgment of the

Division Bench of this Court. Though the State preferred a Special Leave

Petition before the Apex Court, the same was dismissed. The petitioner

contends that as per extant bye-laws of the CBSE, NOC from the Government

is required. In the said circumstances, in tune with Ext.P7 guidelines, the

petitioner submitted an application for NOC before the 3rd respondent which

was forwarded to the 2nd respondent. The petitioner contends that the 2nd

respondent returned the application on the ground that clarity is required from

the Government by Ext.P11. The said endorsement in Ext.P11 is challenged

by the petitioner in this writ petition.

2. Sri.R.KMuralidharan, the learned counsel appearing for the

petitioner would refer to Ext.P3 order and it is contended that one of the

objections raised by the Government in Ext.P3 is that the landed property

possessed by the petitioner was just 200.950 cents. The learned counsel

submits that as per the current guidelines of the CBSE, the requirement is only

8000 sq. metres. The petitioner is in possession of much more area and this

fact is undisputed. It is submitted that now that the SLP filed by the

Government challenging the judgment of the Division Bench is dismissed, the

reasons offered by the 2nd respondent in returning the request made by the

petitioner cannot be sustained.

3. The learned Government Pleader on instructions submitted that

the DGE wanted to clarify certain defects which were noted by the

Government in Ext.P3 and it is for the said reason that such an endorsement

was made.

4. I have considered the submissions advanced. I find that Ext.P9 is

the application filed by the petitioner before the 3rd respondent seeking

extension of affiliation. The said application was forwarded to the 2nd

respondent and the same was returned on the ground that some clarity was

required. The endorsement was made on 23.7.2021 and the same is vague. I

am inclined to agree with the contention of Sri. R.K.Muralidharan that the

endorsement in Ext.P11 is arbitrary and unreasonable. I am of the considered

opinion that there is no justification on the part of the respondent in returning

the application, particularly when the solitary reason given in Ext.P3 no longer

exists.

5. In that view of the matter, this Writ Petition is disposed of by

issuing the following directions.

a) The petitioner shall resubmit Ext.P9 before the 2nd

respondent and on such resubmission, the 2nd respondent shall

receive the application along with the documents produced by the

petitioner and referred to in Ext.P8 and thereafter forward the same

to the 1st respondent.

b) The 1st respondent shall consider the same in the light of

the law laid down by this Court in Writ Appeal No.173/2019 as

confirmed by the Supreme Court and Ext.P7 modified Government

Order and the CBSE guidelines and take a decision, expeditiously, in

any event, within a period of two months from the date of receipt of

a copy of this judgment.

c) Before passing orders, the 1st respondent shall afford an

opportunity of hearing to the petitioner or their authorised

representative.

d) The petitioner shall produce a copy of the writ petition along

with this judgment before the concerned respondent to ensure

compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 21599/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF ORDER EXTENDING PROVISIONAL AFFILIATION BY THE CBSE DATED 27.06.2017.

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WPC NO.

26683/2012 DATED 12.11.2012.

Exhibit P3 A TRUE COPY OF GO (MS) NO. 119/2013/G.EDN.

DATED 03.04.2013.

Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF CHAPTER 2 OF NORMS FOR AFFILIATION.

Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF CHAPTER 3 OF NORMS OF LAND REQUIREMENT.

Exhibit P6 TRUE COPY OF THE APPENDIX V OF CLAUSE 3.2.

OF CBSE AFFILIATION BYLAWS.

Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF GO (MS) NO. 22/2019/G.EDN. DATED 01.03.2019.

Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 05.11.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ALONG WITH THE LIST OF DOCUMENTS.

Exhibit P9 A TRUE COPY OF THE APPLICATION ALONG WITH COVERING LETTER, INSPECTION REPORT FITNESS CERTIFICATE, WATER ANALYSIS REPROT AND DETAILS OF NUMBER OF CLASSES AND STUDENTS AND THE DETAILS OF TEACHING STAFF AND THEIR QUALIFICATION.

Exhibit P10 A TRUE COPY OF THE RELEVANT PAGE OF EXTENSION OF AFFILIATION ISSUED BY THE CBSE DATED 29.07.2021.

Exhibit P11 A TRUE COPY OF THE ENDORSEMENT BY THE 2ND RESPONDENT IN THE APPLICATION SUBMITTED FOR NOC DATED 23/07/2021.

RESPONDENT(S) EXHIBITS : NIL