Disposed

Thiruvambadi Devaswom v. State of Kerala

Kerala HC17 Jun 2008WP(C)/5513/2008

Case brief

AI extract

What is this about?

The court directed the State Government to dispose of the second petitioner's application for a No Objection Certificate (NOC) for school affiliation to the ICSE within two months, after affording an opportunity of hearing, holding that it is legally bound to do so.

What did the court decide?

Directed the first respondent to dispose of the second petitioner's NOC application for ICSE affiliation within two months after giving an opportunity of hearing.

Thiruvambadi Devaswom Vs State of Kerala — Education and Admissions | 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

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TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930

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WP(C).No. 5513 of 2008(F)

PETITIONER:

THIRUVAMBADI DEVASWOM, REP. BY ITS PRESIDENT, THIRUVAMBADI BUILDING NO.25/1085 SWARAJ ROUND WEST, THRISSUR-680 001.

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SANDEEPANI VIDYANIKETAN KUTTUMUKKU, THRISSUR -680 631 REP. BY ITS MANAGER.

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BY ADV. SRI.P.R.RAMACHANDRA MENON

SRI.V.M.SYAM KUMAR

RESPONDENTS:

THE STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVT. OF KERALA, THIRUVANANTHAPURAM.

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THE DISTRICT EDUCATIONAL OFFICER THRISSUR.

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THE CHIEF EXECUTIVE/SECRETARY COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS (ICSE), PRAGATHI HOUSE, 3RD FLOOR

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47-48 NEHRU PLACE, NEW DELHI.

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BY GOVERNMENT PLEADER SRI.K.R.SABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN, J.

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-------------------------------------------W.P.(C) NO. 5513 OF 2008 F -------------------------------------------Dated this the 17^th June, 2008

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JUDGMENT

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The petitioners in this Writ Petition are aggrieved by the nonconsideration of Ext.P7 application submitted by the second petitioner for the issue of “No Objection Certificate” by the State Government for the purpose of affiliation of their school to the Council for the Indian School Certificate Examinations (ICSE).

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

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“i) Declare that the application submitted by 2^nd petitioner School for NOC to be issued by the 1^st respondent/Government is liable to be considered and finalized, notwithstanding the contents of Ext.P6 GO – which has been quashed by this Hon'ble court as per the judgment dated 14.9.07 in W.P.(C)15558/07;

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ii) Issue a Writ of Mandamus or such other appropriate Writ or Order directing the 1^st respondent to issue NOC to the second petitioner School for affiliation to the ICSE as sought for, vide Ext.P3/P7;

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iii) Issue such other appropriate Writ, Order or Direction as this Hon'ble Court deems it fit and proper in the facts and circumstances of the case and allow the Writ Petition with cost.”

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W.P.(C) NO.5513 OF 2008

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:: 2 ::

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The learned Government Pleader submitted that Ext.P7 application submitted by the second 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 petitioners are entitled to the relief of a writ of mandamus directing the first respondent to dispose of Ext.P7 application submitted by the second petitioner for the issue of N.O.C. The first respondent shall dispose of Ext.P7 application submitted by the second 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 second petitioner. The petitioners 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 Ext.P7 application submitted by the second petitioner. The petitioners are 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/

Thiruvambadi Devaswom v. State of Kerala

Case brief

What is this about?

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Thiruvambadi Devaswom v. State of Kerala

Case brief

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