IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23512 of 2008(Y) -------------------------- PETITIONER: ------------ M.G.M.PUBLIC SCHOOL,PUNAPPALAM, PUNNAPPALAM P.O., KOLAYAD CHITTARIPPARAMBA VIA, KANNUR DISTRICT KERALA PIN 670 650 REPRESNETED 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 EDUCATION OFFICER, THALASSERY 4. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM BY G.P. SHRI A.J.VARGHESE BY ADV. SHRI DEVAN RAMACHANDRAN, SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 23512 OF 2008 ............................................................................ Dated this the 5th August, 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 their school to the Central Board of Secondary Education. 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.P1 for the grant of NOC for the petitioner school to get affiliation with CBSE 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. Granting and moulding the reliefs A & B to the facts of this case to enable the Petitioner to seek affiliation with CBSE. 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 W.P.(C) No. 23512 OF 2008 2 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 by the Government. The petitioner shall produce a copy of the writ petition before the first respondent within a period of two weeks 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. 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. 4. The Director of Public Instruction shall forward Ext. P1 application of the Petitioner to the Government within a period of two weeks and the Government shall dispose of Ext.P1 application within one month thereafter. The writ petition is disposed of as above. K.T. SANKARAN, JUDGE. lk