IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 21979 of 2009(N) PETITIONER: --------------- DIVINE PROVIDENCE ENGLISH MEDIUM SCHOOL, KUNHIPULIKKAL, PALLIKKARA, NILESHWARAM, KASARAGOD DISTRICT, REP. BY ITS MANAGER SISTER ANGELICA. BY ADV. SRI.A.MOHAMED MUSTAQUE SMT.LAKSHMI RAJAN RESPONDENTS: --------------- 1. THE GOVERNMENT OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.7.2007. EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER BEFORE THE SECOND RESPONDENT DATED 12.7.2007. EXT.P3 TRUE COPY OF THE PAYMENT RECEIPT DATED 14.8.2008. EXT.P4 TRUE COPY OF THE LETTER DATED 4.8.2007 ISSUED BY DISTRICT EDUCATIONAL OFFICER, KANHANGAD TO SECOND RESPONDENT. EXT.P5 TRUE COPY OF THE RETURN ENDORSEMENT MADE BY THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.21979 OF 2009 N ------------------------------------------------------ Dated this the 8th day of December, 2010 JUDGMENT The petitioner is an unaided school represented by its Manager. It is stated that the school started functioning from 1999- 2000 at Pallikkara in Kasaragod District. The petitioner submitted application to the first respondent for issuing No Objection Certificate for affiliation with CBSE. For getting affiliation with CBSE, the State Government has to issue No Objection Certificate. It is stated by the petitioner that the application was submitted on 12.7.2007 and it was forwarded through the District Educational Officer, Kanhangad. The petitioner states that a similar application was made (Ext.P2) and it was forwarded through the Director of Public Instruction. The petitioner states that the necessary fee was remitted. However, the application submitted by the petitioner was returned to the Director of Public Instruction, who in turn returned the same to the District Educational Officer. The petitioner challenges the same in this Writ Petition. W.P.(C) NO.21979 OF 2009 N :: 2 :: 2. The prayer in the Writ Petition is to issue a writ of mandamus directing the District Educational Officer to forward the application submitted by the petitioner to enable the appropriate authority to grant No Objection Certificate. 3. Learned Government Pleader, on instructions, submitted that as per the Government Letter No.49992/N3/09/G.Edn. dated 22.9.2009, the Director of Public Instruction was directed to forward the application submitted by the petitioner along with a comprehensive report to enable the Government to consider the eligibility of the petitioner to get No Objection Certificate. It is also submitted that the first respondent will pass appropriate orders expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall forward the application submitted by the petitioner for issuing No Objection Certificate along with a report, as directed to be submitted as per the W.P.(C) NO.21979 OF 2009 N :: 3 :: Government Letter dated 22.9.2009 referred to above, within a period of one month from today. b) The first respondent shall consider and dispose of the application submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment. c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/