IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 20214 of 2008(F) -------------------------- PETITIONER: ------------------ THE M.I.T.PUBLIC SCHOOL, ERIYAD PO., KODUNGALLUR-680 666 REP. BY ITS CHAIRMAN SHRI.K.C.HYDROSE, 69 YEARS, S/O.SHRI.KOCHIKKARAN VADAKKE VEETTIL CHEKKUNNY(RESIDING AT VADAKKE VEETTIL, P.O.METHALA KODUNGALLUR, THRISSUR DISTRICT - 680 669. BY ADV. SRI.T.P.M.IBRAHIM KHAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVT. OF KERALA, THIRUVANANTHAPURAM 3. THE CENTRAL BOARD OF SECONDARY EDUCATION, REP. BY ITS SECRETARY, SHIKSHA KENDRA, 2. COMMUNITY CENTRE, PREET VIHAR, DELHI-11092. BY GOVERNMENT PLEADER ADV. SHRI A.J.VARGHESE. R3 BY ADV. SHRI DEVAN RAMACHANDRAN, SC, C.B.S.E. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 20214 OF 2008 ............................................................................ Dated this the 4th July, 2008 J U D G M E N T The petitioner is aggrieved by the non-consideration of the application filed for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of their school to the Central Board of Secondary Education. The reliefs prayed for in the writ petition reads as follows: “(i) To call for the records relating to Exhibits P-1 to P-3 and to issue a writ of Mandamus or any other appropriate writ, direction or order directing the Respondents 1 and 2 to issue NOC to the Petitioner School-M.I.T. Public School, situated at Eriyad-Kodungallur in Thrissur District for affiliation to the Central Board of Secondary Education on the basis of the submission of the Exhibit P-2 Application in the light of the Judgment of this Honourable Court dated 14.09.2007 in Writ Petition (Civil) No.18846 of 2007, Judgment of the Apex Court and also Exhibit P-1 Government Order dated 1988; (ii) To issue a declaration that the Petitioner School is entitled to get the NOC from the State Government under Article 14 & 19(g) Constitution of India for affiliation to the CBSE considering the peculiar nature of the locality. (iii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents 1 and 2 to consider Exhibit P-3 Representation submitted by the Petitioner as early as possible at any rate within a stipulated time so as to enable the Petitioner to submit Application for affiliation to the CBSE. (iv) To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case..” W.P.(C) No. 20214 OF 2008 2 2. In view of the pendency of application before the first respondent, it is not proper to grant the reliefs other than the relief of directing disposal of the application submitted by the petitioner. 3. Learned Government Pleader submitted that the application submitted by the petitioner would be considered by the first respondent without much delay. The first respondent is legally bound to dispose of the application 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 the application submitted by the petitioner for the issue of N.O.C. The first respondent shall dispose of the application submitted by the petitioner for the issue of N.O.C in accordance with law. Normally an opportunity of being heard would be afforded to the petitioner; but the petitioner has waived its right to be heard for the purpose of an early disposal of the application within a period of one month by the Government. The petitioner shall produce a copy of the writ petition before the first respondent within a period of ten days for the effective consideration and disposal of the application submitted by the petitioner. The first respondent need not issue notice to the petitioner before passing orders. Final orders shall be passed within a period of one month. It is made clear that I have not considered the merits of the case for the grant of “No Objection Certificate”. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the application. The writ petition is disposed of as above. K.T. SANKARAN, JUDGE. lk