V. REV. FR. JOSEPHAT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the manager of two High Schools, for which he is not taking any aid from the Government. He prays for the issuance of a writ of certiorari to quash S.7 of the Kerala Education Act and also R.7 of Chap.5 of the Kerala Education Rules framed under the Act, or, in the alternative, the issuance of a writ of mandamus restraining the respondents, the State of Kerala and District Educational Officer, from imposing the said R.7. He also prays that S.7 and R.7 are declared ultra vires of the Constitution of India.

(2.) Though the prayer in the writ petition is directed against S.7 of the Education Act as well, no argument has been adduced on this question: the entire argument of the counsel of the petitioner has been directed against R.7. Therefore, I proceed to consider the validity of R.7 alone.

(3.) Three contentions have been raised by the counsel of the petitioner. The first is that R.7 offends Art.26 and 30(1) of the Constitution; the second contention is that it offends Art.14 of the Constitution; and the third contention is that the rule is beyond the rule making power of the Government under S.36 of the Act.