IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 15490 of 2008(R) -------------------------------- PETITIONER: -------------- THE ST.ANNE'S PUBLIC SCHOOL, REPRESENTED BY ITS PRINCIPAL SR.LINDA, AGED 40 YEARS, D/O.SRI.SEBASTIAN, VATHAKAD, NORTH THURAVOOR P.O., ANGAMALY, ERNAKULAM DIST - 683 586 (R/AT ST.ANNE'S CONVENT, VATHAKAD, NORTH THURAVOOR P.O., ANGAMALY, ERNAKULAM DISTRICT - 683 586). BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, 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 - 110 092. R1 BY GOVT PLEADER SRI A.J. VARGHESE R3 BY ADV. SRI DEVAN RAMACHANDRAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, ALONG WITH OTHER CONNECTED CASES, WPC 16203/08 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. --------------------------------------------------------------- W.P.C. Nos. 15490, 15509, 15515, 16203, 16819, 16839 & 16842 of 2008 ---------------------------------------------------------------- Dated this the 5th June 2008 JUDGMENT The petitioners in these writ petitions are aggrieved by the non- consideration of the applications filed by them for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of their schools to the Central Board of Secondary Education. The reliefs prayed for in the writ petitions are identical. They are the following: (i) to call for the records relating to Exts P1 to P4 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 for affiliation to the Central Board of Secondary Education on the basis of the re-submission of the application in the light of Ext P3 judgment of this Honourable Court, Apex court and Ext P1 order of 1988, (ii) to issue a declaration that the petitioner school is entitled to get the NOC from the State Government under Article 14 & 19 (g) of the 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 Ext P4 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, WPC 15490/08 Etc. 2 (iv) to issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case. 2. In view of the pendency of Ext. P4 application/representation before the first respondent, it is not proper to grant the reliefs other than relief No. (iii). 3. Learned Government Pleader submitted that the applications submitted by the petitioners would be considered by the first respondent without much delay. The first respondent is legally bound to dispose of the applications in accordance with law. Therefore I hold that the petitioners are entitled to the relief of writ of mandamus directing the first respondent to dispose of the applications submitted by them for the issue of N.O.C. The first respondent shall dispose of the applications submitted by the petitioners for the issue of N.O.C in accordance with law. Normally an opportunity of being heard would be afforded to the petitioners; but the petitioners have waived their right to be heard for the purpose of an early disposal of their applications within a period of one month by the Government. The petitioners shall produce a copy of the writ petition before the first respondent within a period of ten days for the WPC 15490/08 Etc. 3 effective consideration and disposal of the applications submitted by them. The first respondent need not issue notice to the petitioners 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 writ petitions are disposed of as above. Sd/- K. T. SANKARAN Judge 05/06/2008 en WPC 15490/08 Etc. 4 K.T. SANKARAN, J. W.P.C. Nos 15490, 15509, 15515, 16203, 16819, 16839 and 16842 of 2008 JUDGMENT 05/06/2008