IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20953 of 2008(T) -------------------------- PETITIONER: ---------------- SHALINI BHAVAN ENGLISH MEDIUM SCHOOL NELLANAD P.O.,, VAMANAPURAM , TRIVANDRUM 695 606 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 ATTINGAL 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 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 20953 OF 2008 ............................................................................ Dated this the 11th July, 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 their school to the Central Board of Secondary Education. The reliefs prayed for in the writ petition read as follows: “A. Issue a writ of Mandamus commanding the first Respondent to consider Ext.P1 (Application for issuance of NOC for affiliation with CBSE) within a time limit prescribed by this Hon'ble Court with consequential direction to the respondents 3 & 4 to duly forward the said application to the 1st respondent. B. Grant such other reliefs as are deemed fit and proper. C. 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 application submitted by the petitioner. 3. 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 the petitioner 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 W.P.(C) No. 20953 OF 2008 2 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 application submitted by the petitioner. 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 application. 4. The District Educational Officer, Attingal shall forward the application of the petitioner to the first respondent without delay. The writ petition is disposed of as above. K.T. SANKARAN, JUDGE. lk