IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 37848 of 2010(E) -------------------------- PETITIONER: --------------- SREERAJI L., AGED 30 YEARS, W/O. BINOJI THOMAS, HIGH SCHOOL ASSISTANT (MALAYALAM), S.N.M.HIGH SCHOOL, VANNAPPURAM. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE D.P.I., THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, IDUKKI DISTRICT, PIN-685 584. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT, PIN-685 582. 4. THE MANAGER, S.N.M.HIGH SCHOOL, VANNAPPURAM. (THE D.E.O., THODUPUZHA-EX OFFICE MANAGER AS G.O.NO.2998/10/ED.), PIN-685 582. 5. THE HEAD MASTER IN CHARGE, S.N.M.HIGH SCHOOL, VANNAPPURAM, PIN-685 582. ADDL.R6 IMPLEADED: ADDL.R6: P.R.PAVITHRAN(PALLICKAL PAVITHRAN) BIJU GARDEN, LAJNATH WARD, ALAPPUZHA. (IS IMPLEADED AS PER ORDER DT.10.1.11 ON I.A.No.363/11) BY GOVT.PLEADER SMT.NISHA BOSE FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.37848 Of 2010 ----------------------------------------------------- DATED THIS THE 20th DAY OF JANUARY, 2011 J U D G M E N T The petitioner is working as HSA(Malayalam) in the S.N.M.High School, Vannappuram. In this Writ Petition, the petitioner seeks for a direction to the District Educational Officer to issue a No Objection Certificate for applying for passport. The petitioner's husband is working abroad as a teacher and it is for joining him, that the petitioner requires the passport. 2. In Exhibit P4, the reason stated by the District Educational Officer for not issuing the No Objection Certificate is that a Writ Petition is pending before this Court with regard to the dispute regarding right of the management of the aided school. 2. Heard the learned Government Pleader appearing for the respondents also, who submitted that it only because of the pendency of the Writ Petition, Exhibit P4 was issued by the DEO. 3. Evidently, the pendency of the Writ Petition is regarding right over the management of the School and the same has nothing to do with the issuance of NOC. It appears that the W.P.(C)No.37848/10 -2- dispute regarding Managership has arisen after the demise of the former approved Manager. At present there is no approved Manager as evident from the pleadings in W.P.(C)No.22756/10 and connected cases and the dispute regarding the same is pending adjudication before the Civil Court. Therefore, the only remedy of the petitioner is to approach the District Educational Officer. The requirement of No Objection Certificate is evident from Form No.I under the Passport Rules, 1980 and Annexure B thereto. Therefore, the District Educational Officer cannot refuse the issuance of the same. 4. In that view of the matter, Exhibit P4 is quashed. There will be a direction to the 2nd respondent-District Educational Officer to issue No Objection Certificate as applied for by the petitioner within one week from the date of production of a copy of this judgment. The Writ Petition is accordingly disposed of. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge