The short but important question that has been raised in this bunch of writ petitions is whether the Government of Kerala is justified in taking the decision not to issue No Objection Certificate for affiliation to Central Board of Secondary Education to private unaided schools in the entire State, barring 5 Districts namely Kasaragod, Kannur, Kozhikode, Wayanad and Malappuram and that too only in certain areas of those districts where extreme educational backwardness among the members of a particular religious community persists.

2. In the nature of the commonality of the issue, it may not be necessary to refer to the individual grievances of the petitioners as highlighted by them in their respective writ petitions. But the identical grievance is that the applications submitted by the petitioners for grant of No Objection Certificate for affiliation are being refused to be considered by the Government in the light of its order (G.O(P)107/07

/G.Edn) dated June 13, 2007. It is contended by the petitioners that the Government cannot, in the guise of policy, refuse to grant No Objection Certificate for affiliation by issuing such a blanket order of prohibition to the schools in majority of the Districts in the State, while granting the benefit to the applicants from only a handful of districts and that too restricting it to certain areas where educational backwardness allegedly persists in respect of a particular religious community.

3. In this context it is pertinent to note that No Objection Certificates for affiliation were being issued by the Government in the past, in terms of the guidelines/stipulations contained in G.O (Ms). 18/88/G.Edn. Dated January 12, 1988. A large number of private unaided institutions in the State have got affiliation till 2004-05 on the basis of the above order. But it appears that during 2006 the applications submitted by the petitioners and several others were refused to be entertained by the Government on the ground that it was waiting for the report of a High Level Committee constituted for the purpose of recommending "the principles and guidelines to be followed in sanctioning new schools, upgrading and recognizing existing schools and for giving N.O.C for CBSE/ICSE affiliated institutions".

4. The Government had issued G.O.(Rt).3691/06/G.Edn. Dated August 19, 2006 in this connection, in which it was mentioned that the Government felt it necessary to lay down the principles and guidelines to be followed in the matter in view of the "mounting demand" for sanctioning new schools. It was further mentioned that "the social impact of sanctioning new schools, the consequences to other institutions and employees in them as well as the financial repercussions of the State exchequer are also to be kept in view while sanctioning new schools. Schools cannot be sanctioned or upgraded to satisfy the demands of existing school Managers. It is also necessary to avoid ad hoc and haphazard decision for sanctioning new schools as such decision will cause dis-satisfaction and will lead to litigation. The present situation is that the schools are increasing but the student population is decreasing. The educational need of a locality has to be rationally and realistically assessed and modalities for the same have to be determined".

5. The Government had constituted a High Level Committee comprising the Principal secretary to Government, General Education Department, Director of Public Instruction, Director of Higher Secondary Education and Director for Vocational Higher Secondary Education for the above purpose. It was after obtaining the report from the above Committee that the Government had issued order dated June 13, 2007 in which the policy parameters and guidelines were set out. In this order, the Government made it clear that request for N.O.C for affiliation will be entertained only from among the applications to be received from the 5 districts referred to above. Petitioners seek to quash the above