IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 16806 of 2008(A) -------------------------- PETITIONER: ------------ SR.ANNA LINCY, MANAGER, ST.ANNE'S PUBLIC SCHOOL, KUMBALANGHY, COCHIN - 682 007. BY ADV. N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 4. CENTRAL BOARD OF SECONDARY EDUCATION, AFFILIATION UNIT, AMC CELL, PREET VIHAR, NEW DELHI. BY SR. GOVT. PLEADER SMT. T.B.REMANY BY ADV. SHRI DEVAN RAMACHANDRAN, SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DATED 30.6.2006 SENT BY THE DPI TO THE GOVT. RECOMMENDING TO GRANT NOC TO THE PETITIONER'S SCHOOL. EXT.P2 TRUE COPY OF THE REPORT SUBMITTED BY THE DEO, ERNAKULAM TO THE DIRECTOR OF PUBLIC INSTRUCTION ON 4.5.2006 EXT.P3 TRUE COPY OF THE VISIT REPORT OF THE DEO ERNAKULAM SUBMITTED TO THE DPI EXT.P4 TRUE COPY OF THE COMMUNICATION DATED 2.11.2006 SENT BY THE DIRECTOR OF PUBLIC INSTRUCTION TO THE PETITIONER EXT.P5 TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 14.9.2007 IN WP(C) No.20322/2007 AND CONNECTED CASES. EXT.P6 TRUE COPY OF THE LETTER DATED 24.9.2007 ADDRESSED BY THE PETITIONER TO THE DIRECTOR OF PUBLIC INSTRUCTION EXT.P7 TRUE COPY OF THE GOVT. ORDER GO(P) NO.107/07 DATED 13.6.2007 EXT.P8 TRUE COPY OF THE LETTER DATED 17.7.2007 SENT BY THE DEO ERNAKULAM TO THE DPI EXT.P9 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KUMBALANGHY GRAMA PANCHAYAT DATED 8.7.2007 TO THE PETITIONER //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.16806 of 2008 A -------------------------------------- Dated this the 11th day of August, 2008. J U D G M E N T The petitioner in this Writ Petition is aggrieved by the non-consideration of the application submitted by her for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of her school to the Central Board of Secondary Education. 2. The reliefs prayed for in the Writ Petition are the following:- “a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to consider the petitioner's application for granting NOC for obtaining CBSE affiliation for her school and to grant the said NOC to the petitioner's school forthwith; b) Award to the petitioner the costs of these proceedings; WP(C) No.16806/2008 2 c) Grant such other or further relief as this Hon'ble Court deems fit to grant in the particular facts and circumstances of the case.” 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 writ of mandamus directing the first respondent to dispose of the application submitted by her 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 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 along with a certified copy of the judgment before the first respondent within a period of ten days for the effective consideration and disposal of the application. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the application. The first respondent need not issue notice to the petitioner before passing the order. The final order WP(C) No.16806/2008 3 shall be passed by the first respondent 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 Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks