IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19367 of 2008(E) -------------------------- PETITIONER: ------------------ SACRED HEART SCHOOL, KUREEPUZHA, PERINAD, KOLLAM-691 604 REPRESENTED BY ITS MANAGER. BY ADV. SRI.MOHAN JACOB GEORGE ADV. SMT.P.V.PARVATHI ADV. SMT.REENA THOMAS ADV. 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, KOLLAM. 4. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. R1, R3 AND R4 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 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 19367 OF 2008 ............................................................................ Dated this the 27th June, 2008 J U D G M E N T The petitioner is aggrieved by the non-consideration of the application filed 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 reliefs prayed for in the writ petition reads as follows: “(A) Issue a writ of Mandamus or other appropriate writ or order commanding the 1st Respondent to consider Ext.P4(b) & Ext.P5 (application submitted by petitioner seeking NOC) for affiliation with CBSE and pass orders on same granting the NOC as expeditiously as possible or within a time limit prescribed by this Hon'ble Court. (B) Direct the Respondent No.4 to duly forward Ext.P4(b) & P5 applications to 1st Respondent without any further delay. (C) Grant such other reliefs as deemed fit and proper. (D) Grant the cost of this Writ Petition. ” 2. In view of the pendency of application before the first respondent, it is not proper to grant the reliefs other than the relief of directing disposal of the applications submitted by the petitioner. 3. Learned Government Pleader submitted that the applications submitted by the petitioner would be considered by the first respondent without much delay. The W.P.(C) No. 19367 OF 2008 2 first respondent is legally bound to dispose of the applications 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 applications submitted by the petitioner for the issue of N.O.C. The first respondent shall dispose of the applications submitted by the petitioner for the issue of N.O.C in accordance with law. Normally an opportunity of being heard would be afforded to the petitioner; but the petitioner has waived its right to be heard for the purpose of 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 applications submitted by it. The first respondent need not issue notice to the petitioner before passing orders. Final orders shall be passed within a period of one month. It is made clear that I have not considered the merits of the case for the grant of “No Objection Certificate”. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the applications. 4. The Director of Public Instruction shall forward the applications to the first respondent without any delay. The writ petition is disposed of as above. K.T. SANKARAN, JUDGE. lk