IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 10673 of 2008(U) -------------------------- PETITIONER: ------------ THE DARUL HIKAM RESIDENTIAL SCHOOL, REPRESENTED BY ITS MANAGER, MR.RASHEED AHAMMED.P., AGED 31 YEARS, SON OF SHRI MUHAMMED, MELATTUR, CHEMMANIYODE-P.O., MALAPPURAM DISTRICT-679 325 (RESIDING AT POTTAYIL HOUSE, KIZHAKKUMPADAM, P.O.MELATTUR, MALAPPURAM-679 326). 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. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.10673 of 2008 U -------------------------------------- Dated this the 13th 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.P1 application dated 18.6.2007 and Ext.P6 representation dated 16.9.2007 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-6 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 - Darul Hikam Residential School at Malappuram District for affiliation to the Central Board of Secondary Education on the basis of the Application submitted by the Petitioner in the light of Exhibit P-2 Order and Exhibit P-5 Judgment of this Honourable Court; WP(C) No.10673/2008 2 (ii) To issue a declaration that the Petitioner School is entitled to get the NOC for affiliation to the CBSE considering the minority nature of the Trust and the School and as per the protection granted by Article 30(1) of the Constitution of India; (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-6 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 before the CBSE within the stipulated time; (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.P1 application and Ext.P6 representation submitted by the petitioner would be considered by the first respondent without much delay. The first respondent is legally bound to dispose of Exts.P1 and P6 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.P1 application and Ext.P6 representation WP(C) No.10673/2008 3 submitted by him for the issue of N.O.C. The first respondent shall dispose of Ext.P1 application and Ext.P6 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 for the purpose of an early disposal of Ext.P1 application and Ext.P6 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.P1 application and Ext.P6 representation submitted by him. 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