IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19682 of 2008(R)
1. THE MANAGER, MES CENTRAL SCHOOL,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY ITS
... Respondent
2. THE CENTRAL BOARD OF SECONDARY
For Petitioner :SRI.KURIAN GEORGE KANNAMTHANAM (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/07/2008
O R D E R
K.T.SANKARAN, J.
--------------------------------------------
W.P.(C) NO. 19682 OF 2008 R
--------------------------------------------
Dated this the 3rd July, 2008
JUDGMENT
The petitioner in this Writ Petition is aggrieved by the non-
consideration of the application submitted by him for the issue of “No
Objection Certificate” by the State Government for the purpose of
affiliation of his school to the Central Board of Secondary Education.
2. The reliefs prayed for in the Writ Petition are the following:-
“i) To issue a Writ of Mandamus directing the 2nd
respondent to process petitioner’s application for
C.B.S.E affiliation without insisting for States NOC.
ii) To issue a writ of mandamus or other appropriate
order of direction directing the 1st respondent to take
a decision on petitioner’s application for NOC for
petitioner’s school for C.B.S.E. affiliation within a
short reasonable time.
iii) To grant such other reliefs as are just and proper in
the nature of this 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
W.P.(C) NO.19682 OF 2008
:: 2 ::
the application in accordance with law. Therefore, I hold that the
petitioner is entitled to the relief of a writ of mandamus directing the first
respondent to dispose of the application submitted by him 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 within a
period of one month. The petitioner shall produce a copy of the Writ
Petition and also copy of I.A.No.8484 of 2008 before the first respondent
within a period of ten days for the effective consideration and disposal of
the application submitted by him. The petitioner is also permitted to
produce such other documents and materials before the first respondent
for the proper and effective consideration of the application. 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
ahz/