IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19495 of 2008(U) -------------------------- PETITIONER: --------------------- THE MANAGER, STRATFORD PUBLIC SCHOOL , THEVALAKKARA P.O. KOLLAM- 691 524. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) ADV. SRI.TONY GEORGE KANNANTHANAM RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT,TRIVANDRUM. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SOUTHERN REGION, CHENNAI. BY GOVERNMENT PLEADER ADV. SHRI T.T. MUHAMMED. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C)No. 19495 OF 2008 ............................................................................ Dated this the 27th June, 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 the school to the Central Board of Secondary Education. The reliefs prayed for in the writ petition reads as follows: “(a) To issue a writ of Mandamus directing the 2nd respondent to process petitioner's application for C.B.S.E affiliation without insisting for NOC. (b) to issue a writ of mandamus or other appropriate order or direction directing the 1st respondent to take a decision on petitioner's application for NOC for petitioner's school for C.B.S.E. affiliation of petitioner's school within a short reasonable time. (c) to grant such other reliefs as are just and proper in the nature of this case..” 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 W.P.(C)No. 19495 OF 2008 2 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 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. The writ petition is disposed of as above. K.T. SANKARAN, JUDGE. lk