1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.2848 of 2011 Alayamma, W/o.S.C.Nair, Correspondent, International Science Maths Academy, Maranthai-627 851, Tirunelveli District. : Petitioner Vs. 1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai-600 009. 2.The Director of School Education, Chennai-600 006. 3.The Chief Educational Officer, Tirunelveli, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to grant forthwith the No Objection Certificate for the establishment of the petitioner school. For Petitioner : Mr.V.M.Balamohan Thambi For Respondents : Mr.N.Elango Government Advocate O R D E R Mr.N.Elango, learned Government Advocate, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. I have heard Mr.V.M.Balamohan Thambi, learned counsel appearing for the petitioner and Mr.N.Elango, learned Government Advocate appearing for the respondents. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents 1 to 3 to grant No Objection Certificate for the establishment of the petitioner School. 4. It is stated in the affidavit filed in support of the Writ Petition that the petitioner's School, viz., International Science and Maths Academy was established by the trust known as "Balaji Educational Trust". It was registered with the office of the Sub Registrar, Tirunelveli. The School follows CISCE pattern, viz., the Council for Indian School Certificate Examination, New Delhi. There is sufficient infrastructure in the school in accordance with CISCE specification. It https://hcservices.ecourts.gov.in/hcservices/ 2 has also got sufficient qualified teachers and other staff members. According to the CISCE Regulation, the school will have to submit an application for approval/affiliation only after starting Standard 6. The application for affiliation could be granted, only if No Objection Certificate is issued by the State Department of Education. Inspection could not be sent by the authorities of CISCE, since No Objection Certificate was not furnished by the State Education Department. The petitioner made several attempt to get the No Objection Certificate. But, however, certificate was not issued to the petitioner and hence, the petitioner has approached this Court by filing the present Writ Petition. 5. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the second respondent to consider the grievance of the petitioner as put forth by her in her application dated 20.10.2010 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 6. The Writ Petition stands disposed of in the above terms. No costs. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009. 2.The Director of School Education, Chennai-600 006. 3.The Chief Educational Officer, Tirunelveli, Tirunelveli District. Sml RPB : 25.03.2011 : 2p/4c Order made in W.P.(MD).No.2848 of 2011 Dated: 11.03.2011 https://hcservices.ecourts.gov.in/hcservices/