Judgment

UNTWALIA, J.:- This is an appeal by special leave from the judgment of the Kerala High Court dismissing the appellants writ application for quashing the order dated June 5, 1973 of the Regional Deputy Director of Public Instruction, Trivandrum and the order dated May 2, 1974 of the District Education Officer issued pursuant to the order aforesaid of the Regional Deputy Director. The constitutional question involved in this appeal is about the vires of R. 12 (iii) of Chapter VI of the Kerala Education Rules, 1959, hereinafter called the Rules. The question is whether the said rule is violative of Art. 30 (1) of the Constitution.

2. In the year 1947 Dr. A. G. Pereira, a retired medical Officer, opened a High School at Kaniyapuram mainly for the benefit of the students of the Christian community. The sanction of the then Government of Travancore for opening the school was accorded to him by letter dated 21st February, 1947, Ext. P-1. Subsequently the school was transferred to the Trivandraum Roman Catholic Diocese. For the last more than 25 years the school was administered by this Diocese. The appellant is the corporate Manager of the Schools belonging to the Roman Catholic Di