IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24509 of 2008(P) -------------------------- PETITIONER: ------------ THE SHANTHINIKETHAN INTERNATIONAL SCHOOL, CHANDAPURA, NEAR TOWN HALL, KODUNGALLUR, THRISSUR DISTRICT 680 664, REP. BY ITS CHAIRPERSON SHRI V.V.SAYED MUHAMMED, AGED 50 YEARS, SON OF LATE SHRI VEERAN, RESIDING AT VADAKKEANGADIYIL HOUSE, P.O.KODUNGALLUR, THRISSUR DISTRICT 680 664. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION (N) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE CENTRAL BOARD OF SECONDARY EDUCATION, REP.BY ITS SECRETARY, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI 110 092. BY GOVT. PLEADER SHRI A.J.VARGHESE BY ADV. SHRI DEVAN RAMACHANDRAN, SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.24509 of 2008 P -------------------------------------- Dated this the 13th day of August, 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 them for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of the petitioner 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 Exhibits P-1 to P-3 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 - M.I.T. Public School, situated at Eriyad-Kodungallur in Thrissur District for affiliation to the Central Board of Secondary Education on the basis of the submission of the Exhibit P-2 Application in the light of the Judgment of this Honourable Court dated 14.9.2007 in Writ Petition (Civil) No.18846 of 2007, Judgment of the Apex Court and also Exhibit P-1 Government Order dated 1988; WP(C) No.24509/2008 2 (ii) To issue a declaration that the Petitioner School is entitled to get the NOC from the State Government under Article 14 & 19 (g) 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 Exhibit P-3 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. (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 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 them for the issue of No Objection Certiicate. It is stated that the application is pending in the office of the Director of Public Instruction. If so, the Director of Public Instruction shall forward the application WP(C) No.24509/2008 3 to the first respondent within a period of ten days from today. The first respondent shall dispose of the application submitted by the petitioner for the issue of No Objection Certificate in accordance with law, within a period of one month from the date of receipt of application from the Director of Public Instruction. Normally an opportunity of being heard would be afforded to the petitioner; but the petitioner has waived the 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 certified copy of the judgment before the first respondent within a period of two weeks for the effective consideration and disposal of the application. 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 order. 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