LAWS(KER)-2020-12-253

HILL VEIW PUBLIC SCHOOL Vs. STATE OF KERALA

Decided On December 14, 2020
Hill Veiw Public School Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The Manager of the "Hill View Public School," Kolenchery, Ernakulam, has approached this Court seeking a direction to respondents 1 to 3 to issue the necessary 'No Objection Certificate' (NOC) and orders of recognition to the School at the earliest, so as to enable them to apply for affiliation from the CBSE/ICSE.

(2.) The learned Senior Counsel, Shri.T.P.M.Ibrahim Khan, instructed by Smt.Anila Umesh, learned counsel for the petitioner, submitted that all the documents which are necessary for seeking the NOC and orders of recognition as per Ext.P8 order, has already been produced before the Government; and therefore, that there is no justification for them in not taking further action, leading to an unnecessary delay. The learned Senior Counsel says, that as is evident from Exts.P10 and P11, the Fitness Certificate of the Building and the applicable Fire and Safety Certificate has also been produced before the competent Authority; and thus prayed that this Court direct respondents 1 to 3 to issue the necessary NOC and orders of recognition at the earliest.

(3.) In response, Shri.Unnikrishna Kaimal - learned Government Pleader, submitted that since the ground floor of the building is less than 1000 sq. mtrs., Ext.P11 - Fire and Safety Certificate may not be necessary; but that the School has yet not produced the Completion Certificate issued by the Municipality with respect to their building. He submitted that it is not sufficient for the petitioner to have produced Ext.P10 Fitness Certificate, but they must also produce the Completion Certificate as per the instructions in Ext.P8 Government Order. The learned Government Pleader concluded his submissions by saying that as and when the petitioner produces the Completion Certificate, the Government will issue necessary orders without delay.