IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17874 of 2008(C) -------------------------- PETITIONER: ------------ THE MANAGER, MEERA TRUST CENTRAL SCHOOL, CHATHIYARA, THAMARAKKULAM P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER MAVELIKARA, ALAPPUZHA DISTRICT. 4. THE CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI, REPRESENTED BY ITS DIRECTOR. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.17874 of 2008 C -------------------------------------- Dated this the 16th day of June, 2008. J U D G M E N T The petitioner in this Writ Petition is aggrieved by the non-consideration of the application submitted by him for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of his school to the Central Board of Secondary Education. 2. The reliefs prayed for in the Writ Petition are the following:- “I. Issue a writ of certiorari or other appropriate writ order or direction to quash Ext.P5 as arbitrary and illegal. II. Issue a writ of mandamus or other appropriate writ order or direction directing the fourth respondent to grant affiliation even temporarily and pass appropriate orders, forthwith without insisting for the NOC at any rate during the currency of the academic year 2008-2009. WP(C) No.17874/2008 2 III. Issue a writ of mandamus or other appropriate writ order or direction directing the 1st respondent to grant NOC to the petitioner's school for the purpose affiliation from the 4th respondent. IV. Issue such other writ order or direction, as this Hon'ble Court may deem fit and proper to meet the ends of justice. And VII. Award cost.” 3. The 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 him 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 his right to be heard to facilitate an early disposal of the application within a period of six weeks by the Government. The petitioner shall produce a copy of the Writ WP(C) No.17874/2008 3 Petition before the first respondent within a period of ten days for the effective consideration and disposal of the application submitted by him. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the application. The first respondent need not issue notice to the petitioner before passing the order. The final order shall be passed by the first respondent within a period of six weeks. 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