IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19863 of 2008(M) -------------------------- PETITIONER: ----------------- AUXILIUM SCHOOL,VARAKKAD, KOTTAMALA PO KASARGOD DISTRICT 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. COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION, PRAGATHI HOUSE 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI 110019 REPRESENTED BY ITS ADDL.SECRETARY & OFFICIATING CHIEF EXECUTIVE AND SECRETARY. 3. DISTRICT EDUCATION OFFICER, KANHANGAD. 4. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 19863 OF 2008 ............................................................................ Dated this the 2nd July, 2008 J U D G M E N T The petitioner in the Writ Petition is aggrieved by the non-consideration of the application for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of their school to the Indian School Certificate Examinations. The reliefs prayed for in the writ petition reads as follows: “(A) Issue a writ of Mandamus or other appropriate writ or order commanding the first Respondent to consider and pass orders on Ext.P-1 & P1(a) 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. (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 W.P.(C) No. 19863 OF 2008 2 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