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2009 Supreme(Ker) 303

K.BALAKRISHNAN NAIR, M.L.JOSEPH FRANCIS
Bharathiya Vidyabhavan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioners:V.V. Asokan, Advocate. For the Respondents: P. Parameswaran Nair, Asst. Solicitor.

Judgment:-

Balakrishnan Nair, J.

The petitioners in these writ petitions have applied for No Objection Certificates (N.O.C.) from the Kerala Government for establishing C.B.S.E. or I.C.S.E. schools. As per the Affiliation Bye-laws of C.B.S.E. and I.C.S.E., N.O.C. from the State Government is one of the mandatory requirements for grant of affiliation. Therefore, the writ petitioners moved the Government, seeking NO.C., by filing appropriate applications. Their applications are either pending or have been rejected. Those applications were dealt with by the Government as per Government Order, G.O.(MS) No.18/88/GEdn dated 11.1988. Earlier, this Court held that clause (xii) of the said Government Order is arbitrary and unworkable. So, the Government issued G.O.(MS) No. 204/08/G.Edn. dated 112.2008, deleting clause (xii) of G.O.(MS) No.18/88/G.Edn. dated 11.1988 and also incorporating certain new provisions in the said Government Order dated 11.1988. Still later, the words recognised by the Government, in the opening sentence of paragraph 3 of the Government Order dated 112.2008 was substituted by the word established, as per G.O.(MS) No.3/09/G.Edn. dated 1.2009. Feeling aggrieved by the






























































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