IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 5513 of 2008(F) ------------------------- PETITIONER: ------------ 1. THIRUVAMBADI DEVASWOM, REP. BY ITS PRESIDENT, THIRUVAMBADI BUILDING NO.25/1085 SWARAJ ROUND WEST, THRISSUR-680 001. 2. SANDEEPANI VIDYANIKETAN KUTTUMUKKU, THRISSUR -680 631 REP. BY ITS MANAGER. BY ADV. SRI.P.R.RAMACHANDRA MENON SRI.V.M.SYAM KUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER THRISSUR. 4. THE CHIEF EXECUTIVE/SECRETARY COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS (ICSE), PRAGATHI HOUSE, 3RD FLOOR 47-48 NEHRU PLACE, NEW DELHI. BY GOVERNMENT PLEADER SRI.K.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 5513 OF 2008 F -------------------------------------------- Dated this the 17th June, 2008 JUDGMENT The petitioners in this Writ Petition are aggrieved by the non- consideration of Ext.P7 application submitted by the second petitioner for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of their school to the Council for the Indian School Certificate Examinations (ICSE). 2. The reliefs prayed for in the Writ Petition are the following:- “i) Declare that the application submitted by 2nd petitioner School for NOC to be issued by the 1st respondent/Government is liable to be considered and finalized, notwithstanding the contents of Ext.P6 GO – which has been quashed by this Hon'ble court as per the judgment dated 14.9.07 in W.P.(C)15558/07; ii) Issue a Writ of Mandamus or such other appropriate Writ or Order directing the 1st respondent to issue NOC to the second petitioner School for affiliation to the ICSE as sought for, vide Ext.P3/P7; iii) Issue such other appropriate Writ, Order or Direction as this Hon'ble Court deems it fit and proper in the facts and circumstances of the case and allow the Writ Petition with cost.” W.P.(C) NO.5513 OF 2008 :: 2 :: 3. The learned Government Pleader submitted that Ext.P7 application submitted by the second 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 petitioners are entitled to the relief of a writ of mandamus directing the first respondent to dispose of Ext.P7 application submitted by the second petitioner for the issue of N.O.C. The first respondent shall dispose of Ext.P7 application submitted by the second petitioner for the issue of N.O.C. in accordance with law within a period of two months, after affording an opportunity of being heard to the second petitioner. The petitioners 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 Ext.P7 application submitted by the second petitioner. The petitioners are 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/