Disposed

Sree Saraswathy Vidyalayam v. State of Kerala

Kerala HC17 Jun 2008WP(C)/11519/2008

Case brief

AI extract

What is this about?

Petitioner sought mandamus to compel the State Government to issue a No Objection Certificate for school affiliation. The Court directed the Director of Public Instruction to dispose of the application within two months after hearing, without adjudicating merits.

What did the court decide?

Direction to First Respondent to dispose of application for N.O.C. within two months after hearing.

Sree Saraswathy Vidyalayam Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930

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WP(C).No. 11519 of 2008(U)

PETITIONER:

SREE SARASWATHY VIDYALAYAM AFFILIATEDTOBHARATHEEYA VIDYA NIKETHAN OORUTTAMBALAM PO, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY G. MANIKANTAN S/O. GOPALAKRISHNAN NAIR, AGED 38 YEARS, VELLOORKONAM,OORUTTAMBALAM PO, TVM.

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BY ADV. SRI.K.RAMAKUMAR (SR.) SMT.SMITHA GEORGE SRI.T.RAMPRASAD UNNI

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY SECRETARY TO DEPARTMENT OF EDUCATION THIRUVANANTHAPURAM

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THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM

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THE DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA.

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BY GOVERNMENT PLEADER SRI.K.R.SABU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C)No.11519/2008

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1. TRUE COPY OF THE GO (MS)18/88/G.EDN. DATED 12-1-1988, ISSUED BY THE GOVERNMENT OF KERALA.

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EXT.P2. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS FOR ISSUANCE OF A NO OBJECTION CERTIFICATE FROM THE GOVERNMENT OF KERALA FOR GRANT OF AFFILIATION.

/ TRUE COPY /

P.S.TO JUDGE

K.T.SANKARAN, J.

-------------------------------------------W.P.(C) NO. 11519 OF 2008 U

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-------------------------------------------Dated this the 17^th June, 2008

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JUDGMENT

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The petitioner in this Writ Petition is aggrieved by the nonconsideration 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.

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The reliefs prayed for in the Writ Petition are the following:-

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“i) To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to immediately issue No Objection Certificate to the petitioner for affiliation with the Central Board of Secondary Education after conducting the necessary inspection and assessing the infrastructure at the earliest, forthwith;

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ii) To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

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The learned Government Pleader submitted that the application

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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

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W.P.(C) NO.11519 OF 2008

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:: 2 ::

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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 two months, after affording an opportunity of being heard to the petitioner. 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 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”.

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The Writ Petition is disposed of as above.

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(K.T.SANKARAN) Judge

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ahz/

Sree Saraswathy Vidyalayam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sree Saraswathy Vidyalayam v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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