IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20065 of 2008(L) PETITIONER: ------------ SREE AUROBINDO PUBLIC SCHOOL, KARAVARAM, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY THE CHAIRMAN, SANDEEPANI, EDUCATIONAL & CHARITABLE TRUST, KARAVARAM, KALLAMBALAM, THIRUVANANTHAPURAM DIST. 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, ATTINGAL. 4. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. R2 BY STANDING COUNSEL SRI.DEVAN RAMACHANDRAN GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20065 OF 2008 L -------------------------------------------- Dated this the 3rd 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) To issue a writ of mandamus or other appropriate writ or order commanding the 1st respondent to consider Ext.P1 (application submitted by petitioner seeking NOC) for affiliation with CBSE and pass orders on the same granting the NOC as expeditiously as possible or within a time limit prescribed by this Hon'ble Court. ii) Grant such other reliefs as deemed fit and proper. iii) 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 W.P.(C) NO.20065 OF 2008 :: 2 :: petitioner is entitled to the relief of a writ of mandamus directing the first respondent to dispose of the application submitted by him 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 within a period of one month. The petitioner shall produce a copy of the Writ Petition and also copy of Ext.P1 application 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/