IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21143 of 2008(P) PETITIONER : H.K.M. RESIDENTIAL PUBLIC SCHOOL, UMAYANELLOOR, KOLLAM, REPRESENTE BY THE CHAIRMAN, C.H. MOHAMMED KOYA MEMORIAL EDUCATION & CHARITABLE TRUST, PARAKKULAM. BY ADV. SRI.MOHAN JACOB GEORGE RESPONDENTS: 1. STATE OF KERALA REPRSENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPUTAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS PRINCIPAL OFFICER, NEW DELHI 3. DISTRICT EDUCATION OFFICER, KOLLAM. 4. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE R2 BY STANDING COUNSEL SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 21143 OF 2008 P -------------------------------------------- Dated this the 14th 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 or other appropriate writ or order commanding the first respondent to consider and pass orders on Ext.P4(b) for the grant of NOC for the Petitioner school to get affiliation with the second respondent within a time limit prescribed by this Hon'ble Court with consequential directions to Respondent Nos.3 & 4 to forward the same to the first Respondent forthwith. ii) Grant such other reliefs as are 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.21143 OF 2008 :: 2 :: petitioner is entitled to the relief of a writ of mandamus directing the first respondent to dispose of Ext.P4(b) application submitted by him for the issue of N.O.C. Ext.P4(B) application is pending in 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/