IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20965 of 2008(U) -------------------------- PETITIONER: ------------------ THE MANAGER, MARKAZUDHAWATHIL ISLAMIYA ENGLISH MEDIUM SCHOOL KANICHIRA, PADANNAKKAD PO., KASARAGOD. BY ADV. SRI.A.MOHAMED MUSTAQUE ADV. SRI.KAUSER EDAPPAGATH ADV. SRI.K.R.AVINASH (KUNNATH) ADV. SRI.V.G.SALEESH RESPONDENTS: ------------------------ 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI 2. THE GOVERNMENT OF KERALA, REP. BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, TRIVANDRUM 3. DIRECTOR OF PUBLIC INSTRUCTIONS, DPI'S OFFICE, TRIVANDRUM 4. DISTRICT EDUCATIONAL OFFICER, KANHANGAD. R1 BY ADV. SHRI DEVAN RAMACHANDRAN, SC, C.B.S.E. R2 TO R4 BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 20965 OF 2008 ............................................................................ Dated this the 11th 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 read as follows: “(i). Issue a writ of Mandamus or such other Writ or order directing respondents 2 to 4 to grant NOC to the petitioner as requested in Ext.P1 for the purpose of obtaining affiliation with 1st respondent. (ii). Issue a Writ of Mandamus or such other Writ or order directing 2nd respondent to consider and pass appropriate orders on the application filed for grant of NOC for the purpose of affiliation with Central Board of Secondary Education within such time this Hon'ble Court may deem fit to grant. (iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper as on the facts and circumstances of the case. 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. W.P.(C) No. 20965 OF 2008 2 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