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. 19295 of 2008(V) -------------------------- PETITIONER: ------------ ST.MARY'S ENGLISH MEDIUM SCHOOL, PALLIKKARA, HOSDURG TALUK, KASARAGOD REPRESENTED 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 REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS PRINCIPAL OFFICER NEW DELHI. 3. DISTRICT EDUCATIONAL OFFICER, KANJHANGAD. 4. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 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.19295 of 2008 V -------------------------------------- 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:- “A. Issue a writ of Mandamus or other appropriate writ or order commanding the First Respondent to consider Ext.P-2(a) application seeking NOC for affiliation with CBSE and grant the NOC as expeditiously as possible or within a time limit prescribed by this Hon'ble Court. B. Grant such other reliefs as are deemed fit and proper. WP(C) No.19295/2008 2 C. Grant the cost of this Writ Petition.” 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 Director of Public Instruction has to forward the application to the first respondent. 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 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 WP(C) No.19295/2008 3 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