IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26908 of 2008(C) -------------------------- PETITIONER: ------------ BRIGHT ENGLISH SCHOOL, CHETTAMAKUNNU, THALASSERY P.O., THALASSERY, KANNUR DISTRICT, KERALA REP. BY ITS MANAGER. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REP. BY ITS PRINCIPAL OFFICER, NEW DELHI. 3. DISTRICT EDUCATION OFFICER, THRISSUR. 4. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. R2 BY ADV. SHRI DEVAN RAMACHANDRAN, STANDING COUNSEL FOR CBSE R1, R3 & R4 BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.26908 of 2008 C -------------------------------------- Dated this the 4th day of September, 2008. J U D G M E N T The petitioner in this Writ Petition is aggrieved by the non- consideration of Ext.P1 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 other appropriate writ or order commanding the first Respondent to consider and pass orders on Ext.P-1 for the grant of NOC for the Petitioner school to get affiliation with CBSE within a time limit prescribed by this Hon'ble Court with consequential directions to Respondent Nos.3 & 4 to forward the same to the first Respondent forthwith. B. Granting and moulding the reliefs A to the facts of this case to enable the Petitioner to seek affiliation with CBSE. WP(C) No.26908/2008 2 C. Grant the cost of this Writ Petition.” 3. The learned Government Pleader submitted that Ext.P1 application submitted by the petitioner would be considered by the first respondent without much delay. The first respondent is legally bound to dispose of Ext.P1 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 Ext.P1 application submitted by them for the issue of No Objection Certificate. It is stated that Ext.P1 application is pending in the office of the District Educational Officer. If so, the District Educational Officer shall forward the application to the first respondent within a period of two weeks from today. The first respondent shall dispose of Ext.P1 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 District Educational Officer. 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 WP(C) No.26908/2008 3 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