IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21987 of 2008(P) -------------------------- PETITIONER: ------------ CHINMAYA EDUCATIONAL, CULTURAL & CHARITABLE TRUST, REPRESENTED BY ITS MANAGER/CHIEF SEVAK, K.K.NAIR. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. 3. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), NEW DELHI, REPRESENTED BY ITS SECRETARY. 4. INDIAN CERTIFICATE OF SECONDARY EDUCATION (ICSE) NEW DELHI, REPRESENTED BY ITS SECRETARY. BY ADV. SHRI P.PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL BY ADV. SHRI DEVAN RAMACHANDRAN, SC FOR CBSE BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.21987 of 2008 P -------------------------------------- Dated this the 22nd day of July, 2008. J U D G M E N T The petitioner, Chinmaya Educational, Cultural & Charitable Trust, in this Writ Petition is aggrieved by the non-consideration of Exts.P1 and P2 applications submitted by them for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of the petitioner's school to the Central Board of Secondary Education (CBSE) and to the Council for the Indian School Certificate Examination (ICSE) respectively. 2. The reliefs prayed for in the Writ Petition are the following:- “i] issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to issue no objection certificate for affiliation of the existing Chinmaya Vidyalaya at Naruvamoodu and Chinmaya Vidyalaya at Kattakkada with the CBSE and ICSE respectively. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider WP(C) No.21987/2008 2 and dispose of Exts.P1 and P2 applications expeditiously and within a time limit to be fixed by this Hon'ble Court. and iii) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.” 3. The learned Government Pleader submitted that Exts.P1 and P2 applications submitted by the petitioner would be considered by the first respondent without much delay. The first respondent is legally bound to dispose of the applications in accordance with law. Therefore I hold that the petitioner is entitled to the relief of writ of mandamus directing the first respondent to dispose of Exts.P1 and P2 applications submitted by them for the issue of no objection certificate, for the purpose of affiliation of the petitioner's school to the Central Board of Secondary Education (CBSE) and to the Council for the Indian School Certificate Examination (ICSE) respectively. The first respondent shall dispose of Exts.P1 and P2 applications submitted by the petitioner for the issue of no objection certificate in accordance with law, after affording an opportunity of being heard to the petitioner, within a period of two months. The petitioner shall produce a copy of the Writ Petition along with certified copy of the judgment before the first respondent within a period of two weeks for the WP(C) No.21987/2008 3 effective consideration and disposal of the applications. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the applications. The final order shall be passed by the first respondent within a period of two months. It is made clear that I have not considered the merits of the case for the grant of “No Objection Certificate”. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks