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. 19335 of 2008(B) -------------------------- PETITIONER: ------------ THE SHREE VIDYADHIRAJA SEVA MISSION SCHOOL, REPRESENTED BY ITS MANAGER SWAMI ABHAYANANDA THEERTHAPADAR, AGED 63 YEARS, S/O.SHRI.N.RAMAKRISHNA PILLAI, KUDAKKACHIRA P.O, KOTTAYAM DISTRICT-686 635 (RESIDING AT X/353-D, KUDAKKACHIRA P.O, KOTTAYAM DISTRICT-686 635). BY ADV. SRI.TPM.IBRAHIM KHAN SMT.SHANU SALIM RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION (N) DEPT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110092. 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.19335 of 2008 B -------------------------------------- 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.P3 representation 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 call for the records relating to Exhibits P-1 to P-3 and to issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents 1 and 2 to issue NOC to the Petitioner School - Shree Vidyadhiraja Seva Mission School situated at Kudakkachira in Kottayam District for affiliation to the Central Board of Secondary Education on the basis of the submission of the Application in the light of the Judgment of this Honourable Court dated 14.9.2007 in Writ Petition (Civil) No.18846 of 2007, Judgment of the Apex Court and Exhibit P-1 Order of 1988; WP(C) No.19335/2008 2 (ii) To issue a declaration that the Petitioner School is entitled to get the NOC from the State Government under Article 14 & 19 (g) Constitution of India for affiliation to the CBSE considering the peculiar nature of the locality. (iii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents 1 and 2 to consider Exhibit P-3 Representation submitted by the Petitioner as early as possible at any rate within a stipulated time so as to enable the Petitioner to submit Application for affiliation to the CBSE; (iv) To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case.” 3. The learned Government Pleader submitted that Ext.P3 representation submitted by the petitioner would be considered by the first respondent without much delay. The first respondent is legally bound to dispose of the representation 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.P3 representation submitted by him for the issue WP(C) No.19335/2008 3 of N.O.C. The first respondent shall dispose of Ext.P3 representation 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.P3 representation 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.P3 representation submitted by him. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the representation. The first respondent need not issue 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