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. 19267 of 2008(R) -------------------------- PETITIONER: ------------ SRI SAI VIDYA VIHAR, ALUVA, ERNAKULAM DISTRICT-REPRESENTED BY ITS MANAGER SMT.GEETHA MUKUNDAN. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANAKANNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. THE CENTRAL BOARD OF SECONDARY EDUCATION 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092, REPRESENTED BY ITS CHAIRMAN. 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.19267 of 2008 R -------------------------------------- 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 the application submitted by her for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of her school to the Central Board of Secondary Education. 2. The reliefs prayed for in the Writ Petition are the following:- “(i). To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the respondents 1 & 2 to grant No Objection Certificate to the petitioner's institution within a time frame to be fixed by this Hon'ble Court; (ii) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 3rd respondent to grant affiliation to CBSE to the petitioner's institution without the necessity of No Objection Certificate from the Government of Kerala; WP(C) No.19267/2008 2 (iii) To grant the cost of these proceedings to the petitioner; and (iv) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.” 3. 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 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 her 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 her right to be heard to facilitate an early disposal of the application within a period of one month by the Government. The petitioner shall produce a copy of the Writ Petition along with a copy of the judgment before the first respondent within a period of ten days for the effective consideration and disposal of the application submitted by her. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the application. The first respondent need not issue notice to the petitioner before passing the WP(C) No.19267/2008 3 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