IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
VINOD MANIYATH – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 15801 OF 2019
| Table of Content |
|---|
| 1. scrutiny of closure notices issued to schools. (Para 1 , 2) |
| 2. guidelines for recognition and no-objection certificates. (Para 3) |
| 3. arguments regarding the handling of applications. (Para 4) |
| 4. court's observation on prior rulings. (Para 5) |
JUDGMENT
Dated this the 16th day of December, 2025 The petitioners 1 to 27, except 5,10,15,22 and 27 are the Managers of Schools whereas petitioners 5,10,15 and 22 are Headmistress of the respective schools. Petitioner
27 is the Co-ordinator of the school which he represents.
2. This Writ petition is filed against the closure notice issued to the respective schools. They approached this Court on an earlier round by preferring various writ petitions. By judgment dated 05.07.2018 the matter was disposed of with the following directions.
“i) In respect of the schools which had applied for recognition or for No Objection Certificate and stands rejected, they are free to submit application for recognition and No Objection Certificate again. Those who have not so far applied for recognition, they must apply for the same within a period of one month from the date of receipt of a copy of this judgment. This would be applicable equally to the schools which had established prior to the commencement of the Act and subsequent to the Act. If such schools do not apply for recognition, the State Government is free to close down such schools from the next academic year onwards.
ii) All pending applications for recognition shall be considered by the State Government in the light of the discussions as above.
iii) The petitioners are free to resubmit the applications and also free to file fresh applications. All the applications shall be considered before
15.09.2018.
iv) The impugned orders rejecting No Objection Certificate are set aside. If the schools are granted recognition, certainly, all that schools shall be given No Objection Certificate within time.
v) Fresh application/resubmission shall be filed within a period of one month from the date of receipt of a copy of this judgment. It is made clear that in case the Government refuses to grant recognition and also any of the schools have failed to submit application for recognition, the Government is free to close down such schools from the next academic year onwards.
vi) The application shall be submitted before the Educational Officer/authority as prescribed under Act
35 of 2009 and State Rules.
vii) The Government cannot insist pre school/kindergarten to have recognition under Act 35 of 2009 .
viii) The CBSE is directed to accept all completed applications submitted on or before 15.10.2018.
ix) The State Government is free to insist such conditions as referrable under Section 38 of Act 35 of
2009 for compliance by the schools.”
3. Now the petitioners have preferred this Writ Petition challenging Exts.P4 and P5 and to direct the 1st respondent to consider and pass appropriate orders in Ext.P3 application and applications of other petitioners pending disposal before the educational authorities. Ext.P4 is the guidelines for recognition and issuing no-objection certificate of the school for getting CBSE or ICSE affiliation. Ext.P5 is the guidelines for granting recognition to recognize the schools in the state following Kerala State Syllabus. In this regard the petitioners have preferred Ext.P3 application before the Government and seeking disposal of the same.
4. This Writ Petition was filed on 07.06.2019. There is no information with respect to the present status of the application preferred by the petitioners. However, the learned Standing Counsel appearing for the 2nd respondent submitted that this issue is already been considered by the Division Bench of this Court by paragraph No.5 of the judgment dated 12.07.2019 . This Court considered the argument of the learned Advocate General wherein it was contended that “ the learned Advocate General specifically points out that the policy of the Government in the applications now pending before it and co
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