Kerala High Court
Jesus Academy Cbse School vs Central Board Of Secondary Education on 9 July, 2014
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 9TH DAY OF JULY 2014/18TH ASHADHA, 1936
WP(C).No. 7124 of 2013 (M)
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PETITIONER:
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JESUS ACADEMY CBSE SCHOOL,
REPRESENTED BY ITS MANAGER, THALORE, OLLUR-680306
THRISSUR DISTRICT.
BY ADVS.SRI.H.HAMZA RAWTHER
SRI.V.K.PEER MOHAMED KHAN
SRI.T.M.JOSEPH SHYLAN
RESPONDENTS:
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1. CENTRAL BOARD OF SECONDARY EDUCATION,
(AFFILIATION UNIT), A.M.C.CELL, PREETH VIHAR
DELHI-110092
REPRESENTED BY ITS CHAIRMAN/PRINCIPAL OFFICER.
2. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY
GENERAL EDUCATION DEPARTMENT
THIRUVANANTHAPURAM-695039.
3. THE DIRECTOR OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM-695 014.
4. THE DISTRICT EDUCATION OFFICER,
THRISSUR.
R1 BY SRI.DEVAN RAMACHANDRAN, SC
R2-R4 BY SMT. M.J. RAJASREE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-07-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JV
ALEXANDER THOMAS, J.
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W.P.C. No. 7124 of 2013
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Dated this the 9th day of July, 2014
JUDGMENT
The learned counsel for the petitioner has filed a not pressed memo dated 27.06.2014, which reads as follows:
"It is submitted that the above case was filed with prayer to issue a writ of mandamus directing the Respondents 2 to 4 to process the application filed by the petitioner for NOC and issue NOC to the petitioner's school forthwith as they have fulfilled all the conditions except Clause (xiv) stipulated in Exhibit P1 Government Order and to issue a declaration that the petitioner school is entitled to get NOC on the basis of fulfillment of all the conditions in Exhibit-P1. Government Order except the stipulation in Clauses (iv) as per the judgment of this Hon'ble Court in W A No. 1042/2012 and connected cases and the same is against the norms provided under the CBSE Affiliation Bye- Laws;
It is submitted that as of now, the petitioner school satisfied all the conditions including Clause (iv) as above and thus the above writ petition is not pressed, since the wpc 7124/2013 2 application for NOC is under consideration. Hence it is humbly prayed that the above writ petition may be dismissed as not pressed."
Accordingly, this writ petition is dismissed as not pressed.
SD/-
ALEXANDER THOMAS,
JV JUDGE
//TRUE COPY//
P.A. TO JUDGE
JV