IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19291 of 2008(V) -------------------------- PETITIONER: ------------ THE MANAGER, DEI-GRATIA ENGLISH MEDIUM SCHOOL, PERIYA, KASARAGOD. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, TRIVANDRUM. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREETH VIHAR, NEW DELGHI-110092, REP. BY ITS SECRETARY. BY G.P. SHRI A.J.VARGHESE BY ADV. SHRI DEVAN RAMACHANDRAN, SC FOR CBSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19291 of 2008 V -------------------------------------- Dated this the 26th day of June, 2008. J U D G M E N T The petitioner in this Writ Petition is aggrieved by the non- consideration of Ext.P5 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) to issue a writ of mandamus directing the 1st respondent to grant NOC to petitioner for affiliation of his school with the CBSE forthwith; ii) to issue a writ of mandamus directing the 2nd respondent to process the application of the petitioner for affiliation without insisting for production of NOC from the 1st respondent and to grant affiliation to the petitioner's school. WP(C) No.19291/2008 2 iii) to declare that the petitioner is entitled to get NOC from the 1st respondent for affiliation of his school to the CBSE and non granting of NOC by the 1st respondent is illegal and arbitrary. iv) issue any other writ order or direction as this Hon'ble court may deem fit in the facts and circumstances of the case.” 3. The learned Government Pleader submitted that Ext.P5 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 Ext.P5 application submitted by him for the issue of N.O.C. The first respondent shall dispose of Ext.P5 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 his right to be heard to facilitate an early disposal of Ext.P5 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 Ext.P5 application submitted by him. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the application. The first respondent need not issue WP(C) No.19291/2008 3 notice to the petitioner before passing the order. The final order shall be passed by the first respondent 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 Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks