Kerala High Court
The Correspondent/ Manager vs State Of Kerala on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 12246 OF 2022
PETITIONER:
THE CORRESPONDENT/ MANAGER,
CHINMAYA VIDYALAYA, TALIPARAMBA,
KANNUR DISTRICT -670 141
BY ADVS.
SURESH KUMAR KODOTH
K.P.ANTONY BINU
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM,
PIN - 695 001
2 DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA,
KANNUR DISTRICT - 670 141
3 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY
ITS SECRETARY, SIKSHA KENDRA, 2-COMMUNITY CENTRE, PREET
VIHAR, VIKAS MARG, DELHI - 110092
BY ADVS.
SRI.JIMMY GEORGE, GOVERNMENT PLEADER
SRI.NIRMAL S., SC - R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12246 OF 2022
2
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No. 12246 of 2022
--------------------------------
Dated this the 5th day of April, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Issue a writ of mandamus or any other
appropriate writ or order, directing the second
respondent to issue certificate of recognition/NOC
and certificate in form Appendix-III, on Exts.P12 to
P14 applications resubmitted for the purpose of
extension of affiliation of petitioner's school with
CBSE froth with;
(ii) Issue writ of certiorari or any other
appropriate order, to call for records and quash
Ext.9 decision, declaring it to be illegal;
(iii) Issue any other writ or order or direction
as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case;"[SIC]
2. When this writ petition came up for
consideration, the counsel appearing for the petitioner
submitted that he will be satisfied, if there is a
WP(C) NO. 12246 OF 2022
direction to the 2nd respondent to consider Exts.P12 to
P14 applications which was submitted for issuance of
certificate of recognition/NOC.
3. Heard the learned counsel appearing for the
petitioner, the learned Standing counsel appearing for
respondent No.3 and the learned Government Pleader.
4. After hearing both sides, I think there can be
a direction to the 2nd respondent to consider the
applications submitted by the petitioner, within a time
frame. But I make it clear that I have not considered
the matter on merit and the 2 nd respondent is free to
pass appropriate orders in accordance to law.
Therefore, this writ petition is disposed of in the
following manner:
i. The 2nd respondent is directed to consider and pass
appropriate orders in Ext.P12 to P14 applications, as
expeditiously as possible, at any rate, within a period
of one month from the date of receipt of a copy of
this judgment.
WP(C) NO. 12246 OF 2022
ii. The petitioner will produce a copy of this judgment
along with a copy of the writ petition before the 2 nd
respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO. 12246 OF 2022
APPENDIX OF WP(C) 12246/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 21.08.1993 ISSUED
BY THE GOVERNMENT OF KERALA.
EXHIBIT P2 TRUE COPY OF PROVISIONAL CERTIFICATE
OF AFFILIATION DATED 09.03.2012 FOR
THE PERIOD FROM 01.04.2012 TO
31.03.2017.
EXHIBIT P3 TRUE COPY OF EXTENSION OF
AFFILIATION DATED 29.12.2016 FOR THE
PERIOD FROM 01.04.2017 TO
31.03.2022.
EXHIBIT P4 TRUE COPY OF THE FURTHER EXTENSION
OF AFFILIATION DATED 31.11.2021 FOR
THE PERIOD FROM 01.04.2022 TO
31.03.2027.
EXHIBIT P5 TRUE COPY OF THE G.O(MS)
NO.22/2019/G.EDN. DATED 1/3/2019
ISSUED BY GOVERNMENT OF KERALA.
EXHIBIT P6 TRUE COPY OF RELEVENT PAGES OF
APPLICATION DATED 15.11.2021.
EXHIBIT P7 TRUE COPY OF THE FORM OF APPLICATION
FOR THE RECOGNITION AND NOC FOR
AFFILIATED DATED NIL.
EXHIBIT P8 TRUE COPY OF THE FORM IN APPENDIX-
III DATED 12/11/21.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED
8/12/2021 ALONG WITH ENGLISH
TRANSLATION.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED
18/01/2022 ALONG WITH ENGLISH
TRANSLATION.
WP(C) NO. 12246 OF 2022
EXHIBIT P11 TRUE COPY OF THE INSPECTION REPORT
PREPARED BY THE 2ND RESPONDENT ON
25.11.2021.
EXHIBIT P12 TRUE COPY OF THE LETTER COVERING
APPLICATION DATED 18/3/2022.
EXHIBIT P13 TRUE COPY OF APPLICATION DATED NIL.
EXHIBIT P14 TRUE COPY OF THE FORM IN APPENDIX-
III DATED 18.3.22.
EXHIBIT P15 TRUE COPY OF THE ORDER DATED
13.10.2021 IN WP(C) NO.20669 OF
2021.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
