IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 W.P(C).No. 37486 of 2008(K) ---------------------------------- PETITIONER: -------------- ST. VINCENT CMI RESIDENTAIL SCHOOL, PALA, PALA P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER, FR. MATHEW CHEERAMKUZHY, S/O. LATE C.V. VARKEY, AGED 63, RESIDING AT ST. VINCENT MONASTERY, PALA, KOTTAYAM DISTRICT. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENTS: ----------------- 1. THE DISTRICT EDUCATIONAL OFFICER, PALA. 2. THE CHIEF EXECUTIVE AND SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION, PRAGATHI HOUSE, NEW DELHI. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM BY GOVT. PLEADER, SRI. A.J. VARGHESE ADV. SRI. P. PARAMESWARAN NAIR, ASST. S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 37486 OF 2008 (K) ==================== Dated this the 18th day of December, 2008 J U D G M E N T Petitioner is a minority educational institution. They want to seek affiliation of the 2nd respondent, which requires NOC from the State Government. The procedure prescribed is that the application should be made to the 1st respondent, who shall forward the same to the DPI, who in turn should transmit the application to the 4th respondent for consideration and passing final orders on the request for NOC. 2. However, Ext.P3 application and its enclosures which were submitted to the 1st respondent has been returned by the 1st respondent by Ext.P4 order. This is clearly erroneous and cannot be approved. 3. The only responsibility of the 1st respondent is to forward the application submitted by an applicant to the DPI, along with his report and not to consider the application on merits. Therefore Ext.P4 will stand set aside. It will be open to the petitioner to submit their application to the 1st respondent, in which case, along with his report, he shall forward the same to the DPI, who in turn shall forward the application to the 4th respondent for final orders on the application. 4. It is directed that on submission of the application as above, WPC 37486/08 :2 : the 1st respondent shall forward the application within three weeks of its receipt along with his report as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp