IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20752 of 2008(U) PETITIONER: SREE KANCHI SANKARA PUBLIC SCHOOL, KALADY, REPRESENTED BY ITS MANAGER. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS : 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY,EDUCATION, REPRESENTED BY ITS PRINCIPAL OFFICER, NEW DELHI, 3. DISTRICT EDUCATION OFFICER, ALUVA. 4. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVNANTHPURAM. R2 BY STANDING COUNSEL SRI.DEVAN RAMACHANDRAN GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20752 OF 2008 U -------------------------------------------- Dated this the 10th July, 2008 JUDGMENT The petitioner in this Writ Petition is aggrieved by the non- consideration of the application submitted by him for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of his school to the Central Board of Secondary Education. 2. The reliefs prayed for in the Writ Petition are the following:- “i) Issue a writ of Mandamus commanding the first respondent to consider Exts.P2 & P2(c) (Application for issuance of NOC for affiliation with CBSE) within a time limit prescribed by this Hon'ble Court with consequential direction to Respondents 3 & 4 to duly forward the said application to the 1st respondent. ii) Grant the cost of this Writ Petition.” 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 and P2(c) application submitted by him W.P.(C) NO.20752 OF 2008 :: 2 :: for the issue of N.O.C. The application is pending at the office of the District Educational Officer. The District Educational Officer is, therefore, directed to forward the application to the first respondent within ten days. 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 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. 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/