IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25320 of 2008(L) PETITIONER: ------------ THE A.E.S.ENGLISH MEDIUM SCHOOL, SITUATED AT MAMBA.P.O, KAVINMOOLA, KANNUR DISTRICT-670611 REPRESENTED BY ITS MANAGER SHRI.K.SUKUMARAN, AGED 77 YEARS, S/O.LATE SHRI GOVINDAN, RESIDING AT 'SATHEESADAN', P.O.MAMBA, KANNUR DISTRICT. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION (N)DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. R3 BY STANDING COUNSEL SRI.DEVAN RAMACHANDRAN GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 25320 OF 2008 L -------------------------------------------- Dated this the 22nd August, 2008 JUDGMENT The petitioner in this Writ Petition is aggrieved by the non-consideration of the application submitted by them for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of the School to the Central Board of Secondary Education. 2. The reliefs prayed for in the Writ Petition are the following:- “(i) To call for the records relating to Exhibits P1 to P3 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 – A.E.S. English Medium School situated at Mamba in Kannur District for affiliation to the Central Board of Secondary Education on the basis of the submission of the Exhibit P2 Application in the light of the judgment of this Honourable Court dated 14.9.2007 in Writ Petition (Civil) No.18846 of 2007, Judgment of the Apex Court and also Exhibit P1 Government Order dated 1988; (ii) To issue a writ of certiorari or any other appropriate writ, direction or order quashing Clause (xii) of Exhibit P1 Government Order (MS) No.18/88 dated 12.1.1988 issued by the first Respondent being arbitrary, illegal and unworkable; (iii) To issue a declaration that Clause (xii) of Exhibit P1 Government (MS) No.18/88 dated 12.1.1988 issued by the first Respondent can not be given effect to while processing application for NOC to grant affiliation to CBSE/ICSE; W.P.(C) NO.25320 OF 2008 :: 2 :: (iv) 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; (v) To issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents 1 and 2 to consider Exhibit P3 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. (vi) To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case.” 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 a writ of mandamus directing the first respondent to dispose of Ext.P2 application submitted by them 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 within a period of one month. Normally an opportunity of being heard would be afforded to the petitioner, but the petitioner has waived the right to be heard to facilitate 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 them. The petitioner W.P.(C) NO.25320 OF 2008 :: 3 :: is also permitted to produce such other documents and materials before the first respondent for the proper and effective consideration of the application. 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 ahz/