IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 14389 of 2008(K) PETITIONER: ------------ HOLLY CROSS CONVENT SCHOOL, KANGARAPADY, VADACODE P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGER. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS PRINCIPAL OFFICER, NEW DELHI. 3. DISTRICT EDUCATIONAL OFFICER, ALUVA. 4. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. R1, R3 & R4 BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR R2 BY STANDING COUNSEL SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE COVERING LETTER ADDRESSED TO THE FIRST RESPONDENT. EXT.P1(a) COPY OF THE COVERING LETTER ADDRESSED TO THE FOURTH RESPONDENT. EXT.P1(b) COPY OF THE COVERING LETTER ADDRESSED TO THE 4TH RESPONDENT. EXT.P2 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SCHOOL. EXT.P3 COPY OF THE CHELAN RECEIPT EVIDENCING PAYMENT OF RS.25,000/-. EXT.P4 COPY OF THE COMMUNICATION DATED 30.4.2008 SENT FROM THE OFFICE OF THE DEO, ALUVA TO THE PETITIONER. EXT.P5 COPY OF THE ORDER DATED 7.1.2008 PASSED BY THE FIRST RESPONDENT REJECTING NOC IN RESPECT OF A SIMILARLY SITUATED SCHOOL. EXT.P6 COPY OF ORDER PASSED BY THIS COURT DATED 26.11.2007 IN W.P.(C) NO.34910 OF 2007. EXT.P6(a) COPY OF THE ORDER DATED 4.4.2008 IN SLP (C) NO.7125-7132/08 OF THE HONOURABLE SUPREME COURT. EXT.P7 COPY OF BYE-LAWS OF CBSE EXT.P8 COPY OF G.O.(P) 18/88/G.EDN. DATED 12.1.1988. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 14389 OF 2008 K -------------------------------------------- Dated this the 7th 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 Certiorari or other appropriate writ or order quashing Ext.P4 and direct the Respondents 1, 3 and 4 to accept Petitioner's Exts.P1 and P2 application and to consider and pass orders on the same (application of the Petitioner seeking NOC for affiliation with CBSE) as expeditiously as possible or within a time limit prescribed by this Hon'ble Court. ii) Grant such other reliefs as 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.14389 OF 2008 :: 2 :: petitioner is entitled to the relief of a writ of mandamus directing the first respondent to dispose of Ext.P2 application submitted by him for the issue of N.O.C. Ext.P2 application is pending at 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. 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/