IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19189 of 2008(H)
1. THE GENERAL MANAGER, UMARIYYA
... Petitioner
Vs
1. STATE OF KERALA, REP. BY ITS SECRETARY,
... 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 :26/06/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 19189 OF 2008
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Dated this the 26th June , 2008
J U D G M E N T
The petitioner is aggrieved by the non-consideration of the application filed for
the issue of “No Objection Certificate” by the State Government for the purpose of
affiliation of their school to the Central Board of Secondary Education. The reliefs
prayed for in the writ petition reads as follows:
“(a) To issue a writ of Mandamus directing the 2nd respondent
to process petitioner’s application for C.B.S.E affiliation without
insisting for NOC .
(b) to issue a writ of mandamus or other appropriate order or
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 reasonable short period.
(c) to grant such other reliefs as are just and proper in the
nature of this case..”
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.
W.P.(C) No. 19189 OF 2008
2
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
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 it. 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
petitioner shall make available a copy of the application for N.O.C. before the
Government within a period of ten days along with a copy of the judgment .
The writ petition is disposed of as above.
K.T. SANKARAN,
JUDGE.
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