IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25882 of 2008(F) PETITIONER : SARASWATHY VIDYA BHAVAN, THODUPUZHA, REPRESENTED BY K.RAVINDRAN, MANAGER, PREM NIWAS, VENALLOOR P.O., THODUPUZHA 685 584 BY ADV. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS PRINCIPAL OFFICER, AFFILIATION UNIT AMC CELL, SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, DELHI -92. 3. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 4. DISTRICT EDUCATIONAL OFFICER, THODUPUZHA. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD STANDING COUNSEL FOR CBSE SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 25882 OF 2008 F -------------------------------------------- Dated this the 28th 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. The application submitted by the petitioner was returned by the District Educational Officer, Thodupuzha (4th respondent) as per Ext.P3 communication dated 13.11.2007. Ext.P3 also shows that return of the application was on the basis of the directions issued by the Director of Public Instruction not to entertain any application for affiliation to CBSE until further orders. 2. The reliefs prayed for in the Writ Petition are the following: “(i) issue a writ of mandamus or any other writ, direction or order commanding Respondents 1, 3 and 4 to consider the application submitted by the petitioner and to grant to the petitioner School NOC for affiliation to CBSE; (ii) issue a writ of mandamus or any other writ, direction or order commanding the 2nd respondent to accept and process the petitioner's application for affiliation and grant affiliation to the petitioner School; and W.P.(C) NO.25882 OF 2008 :: 2 :: (iii) issue such other appropriate orders this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” 3. The learned Government Pleader submitted that the petitioner has not yet re-submitted the application. It is also submitted that on re- submission of the application by the petitioner, the application 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 the application submitted by the petitioner for the issue of N.O.C. The petitioner is permitted to re-submit Ext.P2 application to the fourth respondent through the controlling officer within three weeks. On re- submission of the application, necessary steps shall be taken by the District Educational Officer and the Director of Public Instruction to forward the same to the Government within a period of three weeks thereafter. 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 thereafter. 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 one W.P.(C) NO.25882 OF 2008 :: 3 :: month for the effective consideration and disposal of the application submitted by him. The petitioner is also permitted to produce such other documents and materials before the first respondent for the proper and effective consideration of the application. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. 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/