IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 17257 of 2008(D) -------------------------- PETITIONER: ------------------ MANAGER, JAI RANI SABS PUBLIC SCHOOL, BALUSSERY P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.J.MATHEW ADV. SRI.K.B.ARUNKUMAR RESPONDENTS: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS PRINCIPAL OFFICER, AFFILIATION UNIT, A.M.C.CELL, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 92. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. R2 BY ADV. SHRI DEVAN RAMACHANDRAN, SC, C.B.S.E. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 17257 OF 2008 ............................................................................ Dated this the 18th 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 filed by it for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of its school to the Central Board of Secondary Education. The reliefs prayed for in the Writ Petition read as follows: “(i) to issue a writ of Mandamus or any other writ direction or order commanding the respondents 1 and 2 to grant NOC to the petitioner school for affiliation to CBSE (ii) to 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. (iii) to pass any other order or direction this Hon'ble Court deems fit and proper in facts and circumstances of the case. “ 2. 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 it 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 W.P.(C) No. 17257 OF 2008 2 be afforded to the petitioner; but the petitioner has waived the right to be heard for the purpose of an early disposal of the application within a period of six weeks by the Government. The petitioner shall produce a copy of the writ petition before the first respondent within a period of fifteen days for the effective consideration and disposal of the application. The first respondent need not issue notice to the petitioner before passing orders. Final orders shall be passed 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 petitioner is permitted to produce such other documents as are relevant before the first respondent for the proper and effective consideration of the application. 3. It is submitted that the application is now pending in the office of the Director of Public Instructions. The Director of Public Instructions shall forward the application to the first respondent without any delay and at any rate within fifteen days. The writ petition is disposed of as above. K.T. SANKARAN, JUDGE. lk