Narayana Pillai Memorial, Kanyakumari District v. Director of School Education, Chennai
2012-04-17
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this court with a prayer for issuance of a writ in the nature of mandamus directing the first respondent to issue No Objection Certificate for the purpose of affiliation of M/s. Narayana Pillai Memorial Vidya Kendra with Central Board of Secondary Education. 2. M/s.Narayana Pillai Memorial Trust is a charitable trust registered under the Trust Act. The primary object of the trust was to impart quality education to children residing in and around Vellamcode Village. The trust started a school under the name and style of M/s. Narayana Pillai Memorial Vidya Kendra in the year 1998. The school is an English medium school. The school upto 8th Standard is very popular in the locality having a strength of 360 students. 3. As per the norms of the Central Board of Secondary Education to conduct the classes beyond 7th standard, the school is to be affiliated with the Central Board of Secondary Education. 4. A pre-requisite for making an application for affiliation to the Central Board of Secondary Education, is to obtain No Objection Certificate from the State Government concerned, where the school is situated. 5. The application filed by the petitioner was returned by the respondents by pointing out certain defects. The defects pointed out by the respondents were removed and the application was resubmitted. 6. The application was again returned pointing out other four defects. The petitioner removed those defects also and resubmitted the application. 7. The defects pointed out were not disclosed while returning the application filed by the petitioner for the first time. 8. Inspite of removal of the defects, the application was again returned with the following remarks: "1. In the approval plan the name of the school must be shown. 2. A certificate must be obtained from the correspondent of the school stating that the school is fully secured. 3. It must be stated as to whether No Objection Certificate was obtained for conversion of the school from the Board of Nursery/Metric. 4. Additional facilities must be provided in the Library and in the Laboratory. 5. The land where the school situate is in the name of the administrator of the trust." 9. The petitioner again complied with the instructions of the respondent No.1, and resubmitted the application.
4. Additional facilities must be provided in the Library and in the Laboratory. 5. The land where the school situate is in the name of the administrator of the trust." 9. The petitioner again complied with the instructions of the respondent No.1, and resubmitted the application. After being fed up with the attitude of the respondent in harassing the petitioner, the petitioner filed Writ Petition 13527 of 2011 in this Court. 10. The writ petition was allowed and vide order dated 13th June, 2011, the respondent No.1, was directed to dispose of the representation filed by the petitioner. 11. In pursuance of the orders passed by this Court, the application of the petitioner was rejected by pointing out some other certain defects. 12. The petitioner again removed the defects, but no action was taken on the application. The petitioner was again forced to file W.P.No.17843 of 2011. 13. The second writ was again allowed, and the respondent No.1 was directed to consider the compliance report dated 4.7.2011 submitted by the petitioner, and complete the necessary formalities enabling the petitioner to get No Objection Certificate. 14. In pursuance to the orders passed by this Court, the application has been again returned by the respondent on an imaginary ground that planning permission granted for the construction of the school was only for a limited period of one year, which should be for indefinite period. 15. The objection of respondent No.1 in refusing No Objection Certificate is non existence, motivated to harass the petitioner. 16. The Planning permission can be given for a specific period, so that the party constructs the building within the period of stipulated. Once the building is constructed, the planning permission loses importance. There can be no planning permission for the indefinite period as desired by respondent No.1. 17. The objection raised is outcome of non application of mind which shows malafide intention to harass the petitioner. 18. The second objection raised is that report should be submitted to the authorities about the date of completion of building. The second objection is contrary to the first objection. If the building already stood completed, where was the necessity to insist for the planning permission for indefinite period, specially when on earlier occasion, the inspecting team had inspected the school, did not notice any violation of planning permission. 19.
The second objection is contrary to the first objection. If the building already stood completed, where was the necessity to insist for the planning permission for indefinite period, specially when on earlier occasion, the inspecting team had inspected the school, did not notice any violation of planning permission. 19. The action of the respondent, on the face of it, is arbitrary., thus, hit by Article 14 of the Constitution of India and amounts to colourable exercise of power. 20. Consequently, this writ petition is allowed. The writ in the nature of mandamus issued, directing the respondent No.1 to issue No Objection Certificate to the petitioner, as requested within one week from the receipt of certified copy of the order. 21. The petitioner shall also entitled to the costs of this writ, which are assessed at Rs.10,000/- (Rupees ten thousand only).