IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37159 of 2008(W) -------------------------- PETITIONER(S): --------------- MARUTHA MOUNTAINS ENGLISHMEDIUM SCHOOL REPRESENTED BY ITS MANAGER, SHANMUGHAPURAM, PALLANA, THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT, PIN 690 515. BY ADV. SRI.N.SUGATHAN SHRI.VARSHA BHASKAR SHRI.PRASANTH.S. RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 4. THE CENTRAL BOARD OF SECONDARY' EDUCATION, REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, DELHI 110 092. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER SHRI.DEVAN RAMACHANDRAN, SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.37159 of 2008 --------------------------------- Dated, this the 17th day of December, 2008 J U D G M E N T Ext.P1 is an application submitted by the petitioner seeking NOC of the 1st respondent for obtaining affiliation of the 4th respondent in respect of a school established by them. The procedure is that the application should be submitted to the 3rd respondent, who has to forward it to the 2nd respondent with his report, and it is for the 2nd respondent to forward the same to the 1st respondent for consideration of the petitioner's request for NOC. However, it is seen from Ext.P3 that the 3rd respondent has returned the application with an endorsement. It is aggrieved by the said order of the 3rd respondent that this writ petition is filed. 2. Since the procedure requires that the application has to be forwarded by the 3rd respondent to the 2nd respondent, Ext.P3 endorsement of the 3rd respondent returning the application cannot be approved. Therefore, Ext.P3 will stand set aside and the petitioner is directed to re-submit the application to the 3rd respondent, who along with his report shall forward Ext.P1 WP(C) No.37159/2008 -2- application to the 2nd respondent for onward transmission to the 1st respondent for consideration of the petitioner's request for NOC in accordance with law. 3. It is directed that on submission of the application to the 3rd respondent as above, the 3rd respondent shall forward the application to the 2nd respondent as expeditiously as possible, at any rate, within three weeks thereafter. It is directed that once an application is received, the 2nd respondent shall forward the same to the 1st respondent within four weeks of its receipt, and thereafter the 1st respondent shall pass orders on Ext.P1, within eight weeks thereafter. The petitioner shall produce a copy of this judgment before the respondents 1 to 3 for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg