KOCHI: A division bench of the Kerala High Court on Friday held that the state government cannot insist on the need for educational facilities in the locality for granting ‘no objection certificate’ (NOC) to schools affiliated to CBSE and ICSE. The court issued the order while considering an appeal filed by the state government against a single judge order on granting NOC to CBSE and ICSE schools.
The court observed that the clause in the Right of Children to Free and Compulsory Education Act, 2009 (RTE) that recommends consideration of local educational need was not intended to refuse NOC. Refusing NOC in the name of local need for school that meets all norms and standards is against the Constitution, the court held.
The government cannot protect state syllabus schools by refusing NOC for schools affiliated to other boards, the bench observed. The court said that though schools run by minority communities are given relaxation in RTE rules, they should be affiliated to a board of education. If the affiliation norms of the CBSE and ICSE insist on permission from the state government, the schools should obtain NOC from the government.
The minority institutions follow the education system of the country and they cannot follow an unrecognised syllabus. Minority institutions should be affiliated to a recognised education board. The government can grant NOC to other educational institutions if they meet the conditions set by the government, the bench said.