Aluxiliam School vs State Of Kerala on 2 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19863 of 2008(M)


1. ALUXILIAM SCHOOL,VARAKKAD, KOTTAMALA PO
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. COUNCIL FOR THE INDIAN SCHOOL

3. DISTRICT EDUCATION OFFICER, KANHANGAD.

4. DIRECTOR OF PUBLIC INSTRUCTION

                For Petitioner  :SRI.MOHAN JACOB GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :02/07/2008

 O R D E R
                                       K.T. SANKARAN, J.
                  ............................................................................
                               W.P.(C) No. 19863 OF 2008
                  ............................................................................
                                   Dated this the 2nd July, 2008



                                         J U D G M E N T

The petitioner in the Writ Petition is aggrieved by the non-consideration of the

application for the issue of “No Objection Certificate” by the State Government for the

purpose of affiliation of their school to the Indian School Certificate Examinations. The

reliefs prayed for in the writ petition reads as follows:

“(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 & P1(a) for the grant of NOC for the petitioner

school to get affiliation with the second respondent 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) Grant such other reliefs as are deemed fit and proper.

(C) Grant the cost of this Writ Petition.”

2. In view of the pendency of application before the first respondent, it is not

proper to grant the reliefs other than the relief of directing disposal of the application

submitted by the petitioner.

3. 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 the petitioner for the

W.P.(C) No. 19863 OF 2008

2

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 its right to

be heard for the purpose of 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 the petitioner. The first respondent need not

issue notice to the petitioner before passing orders. Final orders shall be passed 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 petitioner is also permitted to

produce all relevant documents and materials for the effective disposal of the

application.

The writ petition is disposed of as above.

K.T. SANKARAN,
JUDGE.

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