Both the Original Petitions are connected. O.P.No.7020 of 1989 was filed earlier in time. That Original Petition is by the Management of the Corporate Educational Agency, viz, North Kerala C.S. I. Educational Agency, praying to quash Ext.P3 circular of the Government and also to declare that the educational institutions mentioned in Ext.P1 are minority schools defined under S.2(5) of the Kerala Education Act. By Ext.P3 circular. The Government directed all controlling officers under the Kerala Education Rules to see that appointment of Headmasters of aided schools are made only in accordance with the provision in Rule 44 Chapter XIV-A of the said Rules. Rule 44 is extracted hereunder.

"44.(1) The appointment of Headmasters shall ordinarily be according to seniority from the seniority list prepared and maintained under clauses (a) and (b) as the case may be of Rule 34. The Manager will appoint the Headmaster subject to the Rules laid down in the matter. A teacher if he is aggrieved by such appointment will have the right of appeal to the Department.

Note.- Whenever the Manager intends to appoint a person as Headmaster other than [he senior claimant, the Manager shall obtain a written consent from such senior claimant, renouncing his claim permanently. Such consent shall have the approval of the Educational Officer

concerned.

(2) An appeal under sub-rule (1) shall lie to the Educational Officer.

(3) A Second appeal shall lie to the District Educational Officer against the order of the Assistant Educational Officer passed on appeal preferred under sub-rule (2). In the case of an order passed by the District Educational Officer under sub-rule (2), the second appeal shall lie to the Deputy Director (Education).

(4) No appeal or second appeal preferred under these rules shall be entertained unless I is preferred within one month of the date of receipt of the order appealed against."

The rule, says that ordinarily, Headmasters shall be appointed only according to seniority from the seniority list prepared and maintained under Rule 34. It also provides safeguards for the senior teachers in that it requires a written consent from the senior claimant when such claimants renounces their claims permenltly and such renouncement has to be approved by the Educational Officer concerned. The Government noticed that the Managers in certain schools are appointing junior teachers as Headmasters disregarding Rule 44 on the ground that the schools are established and run by religious minority. The Government noted that the schools, whether the are in private or public sector, are secular institutions for giving secular form of education and they are not meant for preserving the philosophy, culture and traditions of any religious or linguistic group. The expenses for running the aided schools are fully met from the consolidated fund of the State, and therefore, the Government proceeded on the basis that it is not correct to claim a minority right under Article 30(1) of the Constitution of India by any religious or linguistic group and seek immunity from the provisions of Rule 44 chapter XIV-Aof the Kerala Education Rules. The Government, after considering the issue in detail, decided to issue circular to all the controlling officers to see that appointments of Headmasters of aided schools are made strictly according to seniority. This circular has been the subject matter of litigation before this Court and a Division Bench of this Court in the decision reported in Manager, Corporate E. Agency v. State of Kerala (1990 (2) KLT 240) held that minority institutions are not deprived of their fundamental right under Article 30 (1) of the Constitution of India only because it receives aid from the State, nor for the reason that secular education is imparted in the institution and not theological or religious instruction. The right of appointment of Headmaster of a school was held to be of prime importance in the administration of the institution. The