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2007 Supreme(Ker) 498

A.K.BASHEER
Queen Mary Public School – Appellant
Versus
State of Kerala – Respondent


Judgment :-

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 school












































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