IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 19652 of 2008(M) -------------------------- PETITIONER: ------------ S.F.S ENGLISH MEDIUM SCHOOL VETTILAPALLY VAYAL, THANA P.O., KANNUR 670 012, REPRESENTED BY ITS MANAGER, FR. SAJU JOSE. BY ADV. SRI.RAJEEV V.KURUP SRI ALEX.M.SCARIAH RESPONDENTS: ------------- 1. THE STATE OF KERALA RERPESENTEDC BY THE SECRETARY TO THE GENERAL EDUCATION DEPARTMENT, SECRETARIAT,TRIVANDRUM 2. THE DISTRICT EDUCATIONAL OFFICER KANNUR. 3. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY HUMAN RESOURCES DEVELOPMENT, NEW DELHI. 4. THE CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT) NOC CELL, PREETH VIHAR NEW DELHI. BY G.P. SHRI A.J.VARGHESE BY ADV. SHRI DEVAN RAMANCHANDRAN, SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19652 of 2008 M -------------------------------------- Dated this the 9th day of July, 2008. JUDGMENT 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:- “A] Issue a writ of mandamus or any other writ, direction or order calling upon the 1st and 2nd respondents to consider Exbt.P2 in accordance with law and to issue a no objection certificate to the petitioner-school based on Exbt.P2, within a time frame. B] Issue a writ of mandamus or any other writ, direction or order which this Hon'ble court deem fit and proper in the circumstance 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 2 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 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 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 a certified copy of the judgment before the first respondent within a period of ten days 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. 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