IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21084 of 2008(I) -------------------------- PETITIONER: ------------ MARY HYACINTH FERNADEZ (JENNY JOSE), SELECTION GRADE LECTURER, AQUINAS COLLEGE, EDACOCHIN, COCHIN-682 006. BY ADV. SRI.S.SUJIN RESPONDENTS: ------------- 1. THE MANAGER, AQUINAS COLLEGE, EDAKOCHIN, COCHIN-682 006. 2. THE PRINCIPAL, AQUINAS COLLEGE, EDAKOCHIN, COCHIN-682 006. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.N.JAMES KOSHY FOR R1 & 2 BY G.P. SMT. T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.21084 of 2008 I -------------------------------------- Dated this the 18th day of July, 2008. JUDGMENT The petitioner is a Selection Grade Lecturer (History) in Aquinas College, Edakochi, of which the first respondent is the Manager and second respondent is the Principal. The petitioner submitted Ext.P1 application dated 8.7.2008, for issuing a no objection certificate for availing leave for going abroad for the purpose mentioned in the application. It is stated that uncle of the petitioner's husband, Rev. Fr. Antony Kalathiveettil, who is aged 71, has to undergo a Coronary Artery Bye-pass surgery at Alexian Brothers Medical Centre in Elk Grove Village, Illinois, USA, in the last week of July, 2008. It is stated that it is necessary for the petitioner to accompany him to the United States for rendering necessary help. It is stated in the Writ Petition that the Principal, instead of forwarding Ext.P1 application and connected documents to the Manager, has returned the documents to the petitioner. It is also stated in the Writ Petition that later, the petitioner herself forwarded the documents by registered post to the Manager. It is stated that the petitioner came to know that the Manager is not prepared to grant no objection certificate or permission to the petitioner to take leave. The relief prayed for in the Writ Petition is to issue a writ of mandamus directing the respondents to grant no objection certificate to seek visa from the USA Consul General and also to grant leave without allowance for eight weeks from 25.7.2008 to 5.9.2008. WP(C) No.21084/2008 2 2. The first respondent has filed a detailed counter affidavit and the petitioner has filed a reply affidavit. I am not considering the rival contentions put forward by the parties, since the application for leave has not been disposed of by the first respondent. The learned counsel for respondents 1 and 2 undertakes that the application for leave will be disposed of on or before 22.7.2008 and the decision taken by the Manager will be communicated to the petitioner forthwith. The undertaking made by the learned counsel for respondents 1 and 2 is recorded and the Writ Petition is disposed of, directing the first respondent to dispose of Ext.P1 application submitted by the petitioner on or before 22.7.2008 and to communicate the same to the petitioner forthwith. I also record the submission made by the learned counsel for respondents 1 and 2 that filing of the/ Writ Petition is not the remedy of the petitioner and even if she is aggrieved by the non-grant of leave, she has other remedies to redress her grievance. Leaving open the other remedies of the petitioner in case any decision is taken against her, the Writ Petition is disposed of. K.T. SANKARAN, JUDGE. cks