Varghese Kalliath, J.

These appeals are against the judgment in O.P.No.8684/87. W.A.No.284/89 is by the first respondent-State of Kerala in the Original Petition and W. A.No.226/89 is by the additional 3rd respondent. Petitioner in the Original Petition challenged Ext.P9 notification issued by the Government under

S.14(2) of the Kerala Education Act, 1958 (Act 6 of 1959) (hereinafter referred to as 'the Act') read will) sub-rule (5) of R.I in Chap.20 of Kerala Education Rules, 1959 (hereinafter referred to as 'the rules').

2. A learned single judge of this Court, after considering the points raised by the petitioner against Ext.P9, quashed Ext.P9 and allowed the Original Petition. The Slate/ first respondent has filed W.A.No.284/S9 and the additional 3rd respondent has filed W.A.No.226/89. In these circumstances, we think that it is only appropriate to dispose of these two writ appeals by a common judgment.

3. Petitioner in the Original Petition was the manager of Nurani Hindu High School, Palghat. By Ext.P3 dated 21-2-1985, petitioner in the Original Petition informed the Director of Public Instruction that he proposes to closed own the institution with effect from 1st Jun