NIVEDITHA VIDHYA PEEDAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE challenge involved in this case is with regard to the recently introduced norms for granting the 'NOC' by the State Government for affiliation by the CBSE as per G.O.(Ms.) No.202/11/G.Edn. dated 07.10.2011.

(2.) THE sequence of events as borne by the pleadings reveals that, issuance of NOC was a matter of dispute, for quite long. The first set of norms was prescribed in the year 1988, and later, in the year 2007, there was substantial modification whereby some of the schools were granted NOC, mostly in the northern districts. On challenging the same before this Court, it was intercepted and the relevant G.O was set aside, which in turn was taken up in appeal before the Supreme Court, where the matter was pending.

(3.) TAKING a cue from the above observation, under the guise of issuing further guidelines, the Government issued the impugned G.O dated 07.10.2011, whereby various new clauses came to be incorporated, some of which pertain to the minimum extent of three acres required, (vide clause (iv)), 'Malayalam' to be taught as a compulsory language [vide clause (vi)]; the necessity to have a minimum of 300 students to be counted as per UID scheme [vide clause (xiv)]; the minimum salary to be paid [vide clause (viii)] etc. The said G.O was subjected to challenge by many writ petitioners and a learned judge of this Court granted interim stay in respect of Clause (iv) and (xiv), which in turn was challenged by the State by filing W.A No. 1042/2012. A Division Bench of this Court considered the above appeal along with such other connected writ petitions and as per judgment dated 14.09.2012, the Clauses(iv), (vi) and (xiv) were set aside, simultaneously giving some positive direction with regard to the necessity to fix proper salary to the teachers/staff and to effect payment to the extent as stipulated therein, as an interim measure.