IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17346 of 2008(M) -------------------------- PETITIONER: ------------ SREE NAGA RAJA CENTRAL SCHOOL, REPRESENTED BY ITS MANAGER, VINAYAKAN NAMBOODIRI, AGED 36 YEARS, S/O PARAMESHWARAN NAMBOODIRI,VETTICODE, MAVELIKARA ALAPPUZHA DISTRICT. BY ADV. SRI.P.GOPINATH MENON RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 4. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA -2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI. BY G.P. SHRI A.J.VARGHESE FOR R1 TO R3 BY ADV. SHRI DEVAN RAMACHANDRAN, SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.17346 of 2008 M -------------------------------------- Dated this the 16th 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 the 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:- a) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider the petitioner's application for granting NOC for obtaining CBSE affiliation forthwith in accordance with Ext P.2 G.O. b) declare that the petitioner is entitled to the grant of No-objection certificate for the purpose of applying for affiliation with the Central Board of Secondary Education; WP(C) No.17346/2008 2 c) grant such other or further relief as this Honourable Court deems fit to grant in the particular facts and circumstances of the case.” 3. In view of the pendency of the application before the first respondent, it is not proper to grant the reliefs other than relief No.a. 4. The 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 which was forwarded to the Director of Public Instruction as per Ext.P1 covering letter dated 16.10.2007, 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 the application submitted by him 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 his right to be heard to facilitate an early disposal of his application within a period of six weeks 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 the application submitted by him. The first respondent need not issue notice to the petitioner before passing the WP(C) No.17346/2008 3 order. The final order shall be passed by the first respondent within a period of six weeks. 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