IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9178 of 2009(N)
1. STATE OF KERALA, REP. BY ITS
... Petitioner
2. CENTRAL BOARD OF SECONDARY
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE DIRECTOR OF PUBLIC INSTTRUCTION,
Vs
1. STATE AND OTHERS
... Respondent
For Petitioner :SRI.MOHAN JACOB GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :12/05/2009
O R D E R
V. GIRI, J.
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W.P.(C) No. 9178 OF 2009
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Dated this the 12th day of May, 2009
JUDGMENT
Issue raised by the petitioner in this writ petition is covered by
the judgment of a Division Bench in WP(C) No. 34184 of 2007 and
connected cases dated 06.04.09, dealing with the validity of a sub
clause contained in Government Order restricting consideration of
applications for No Objection Certificates to schools requiring
affiliation to CBSE. The Division Bench has held that the
applications are eligible to be considered in the light of G.O (MS)
No.18/88/G.Edn dated 12.1.1988 ignoring the newly introduced
clause 1 (a) of G.O (MS)No.204/08/G.Edn. dated 15.12.2008 as
amended by the subsequent G.O (MS) 3/09/G.Edn. dated 5.1.2009.
2. In the result, the writ petition is disposed of directing the
first respondent to receive the petitioner’s application for issuance of
No Objection Certificate on file and take a decision thereon in the
light of the directions issued by the Division Bench in the judgment
referred above within a period of one month from the date of receipt
of a copy of this judgment.
W.P.(C)No. 9178 OF 2009
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3. Learned Senior Government Pleader
Sri.P. Nandakumar appearing for respondents submits that appeals
against the said judgment are coming up before the Supreme Court
on 15.5.2009. Needless to say, the direction issued herein will be
subject to any order that the Supreme Court may deem fit to pass in
the appeals against the judgment.
(V. GIRI, JUDGE)
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