1 W.P.(C) No.43137 of 2023 2025:KER:26409 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 43137 OF 2023 PETITIONER: VIMAL JYOTHI PUBLIC SCHOOL THENGAKAL PO, MLAMALA, VANDIPERIYAR, IDUKKI, KERALA- 685 538, REPRESENTED THROUGH MANAGER, SR. JULIE, AGED 67 YEARS, D/O PHILIP, R/O MLAMALA THENGAKAL P O, VANDIPERIYAR, IDUKKI, PIN - 685538 BY ADVS. JOSE ABRAHAM E.ADITHYAN N.RAGESH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR DIRECTORATE OF MINORITY WELFARE, GOVT. OF KERALA, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM DT, KERALA, PIN - 695033 BY ADV. SRI.E.G.GORDEN, SR.GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 W.P.(C) No.43137 of 2023 2025:KER:26409 JUDGMENT The petitioner is stated to be a Christian Religious Minority Educational Institution. It sought for a No Objection Certificate (NOC) for minority status with reference to the provisions of Section 10 of the National Commission for Minority Educational Institutions Act, 2004 (‘the Act’ for short), as evidenced by Ext.P3. The 2nd respondent herein, as per Ext.P4 dated 26.07.2023, refused the NOC for the sole reason that the petitioner had not produced the affiliation from the CBSE. It is challenging the proceedings at Ext.P4 as above, that the captioned writ petition is filed by the petitioner. 2. I have heard Sri.E.Adithyan, the learned counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government Pleader. 3. The sustainability or otherwise of the findings in Ext.P4 issued by the 2nd respondent is the sole issue arising for consideration in this writ petition. 4. A perusal of the provisions of Section 10 of the Act would show that any person who desires to establish a minority educational institution is only to make an application to the 3 W.P.(C) No.43137 of 2023 2025:KER:26409 competent Authority for the grant of NOC for the said purpose. The statute does not provide for the production of an affiliation from the CBSE as a precondition for maintaining an application with reference to the provisions of Section 10 of the Act. A perusal of Ext.P4 would also show that, apart from stating that the petitioner has not produced the affiliation, the basis for making such a statement - the relevant provision of the statute has not been referred. A perusal of Ext.P5 Government Order, pursuant to which, the authority has been prescribed for issuance of the NOC also does not contain any such stipulation. Similarly, a perusal of the counter affidavit filed would also show that the Director of Minority Welfare was not clear as to the requirement for any affiliation from the CBSE, as a precondition. 5. On account of all the above, I am of the opinion that the consideration made with reference to the application filed by the petitioner while issuing Ext.P4 was not correct or legal. 6. In such circumstances, Ext.P4 issued by the 2nd respondent would stand set aside. There will be a direction to the 2nd respondent to consider the application filed by the petitioner afresh, after granting the petitioner an opportunity of being heard, 4 W.P.(C) No.43137 of 2023 2025:KER:26409 within a period of 12 weeks, strictly in accordance with law. If the 2nd respondent insists that the petitioner requires any affiliation, the basis thereof has to be informed to the petitioner in writing before passing any orders in that regard. This writ petition is disposed of as above. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.43137 of 2023 2025:KER:26409 APPENDIX OF WP(C) 43137/2023 PETITIONER’S EXHIBITS Exhibit -P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER G.O. (MS) NO. 22/2019/G.EDN DATED 01.03.2019 ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF THE STATE OF KERALA Exhibit -P2 TRUE COPY OF ORDER NO. G.O(MS) NO. 7/2021/GEDN DATED 04.01.2021 ISSUED BY THE 1ST RESPONDENT Exhibit -P3 TRUE COPY OF THE APPLICATION SUBMITTED FOR THE NOC FOR MINORITY STATUS CERTIFICATE SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED NIL Exhibit -P4 TRUE COPY OF THE ORDER PASSED BY THE DIRECTORATE OF MINORITY WELFARE GOVERNMENT OF KERALA DATED 26-07-2023 Exhibit -P5 TRUE COPY OF THE ORDER DATED 9-1-2020 APPOINTING THE SECOND RESPONDENT AS THE COMPETENT AUTHORITY UNDER SECTION 10 AND 12(B) OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS ACT 2004