The main legal point established in the judgment is that the government must follow the proper procedures and consider the objections raised by the manager before taking over the management of an aided school.

1. The Bazar U.P. School, Thathamangalam is an aided school, and the petitioner is its manager. The institution was started in the year 1907 by his grandfather. He himself became manager in 1945, By about 1984 the petitioner found that because of old age and financial troubles in the family, he was no longer in a position "to run the school effectively". On 4-5-84, therefore, he save Ext.P1 notice of his intention to close it down from 1-6-85, as required by S.7(6) of the Kerala Education Act. For a long time there was no response either from the Government or from the Educational authorities, despite reminders. On 30-5-85 the Dy. Director of Education. Palghat requested the petitioner, as per Ext. P5 communication, to "set aside the proceedings of closure action", till permission from the competent authority was received. On the same date, the Director of Public Instruction also passed Ext. P6 order in the following terms:

"In the Notice read above, the Manager, Bazar U.P. School, Thathamangalam has requested permission of the Director of Public Instruction to close down the said school from 1-6-1985. The reason adduced for is financial troubles. The request made by the Manager has been examined in detail. The controlling Officers and the local public including Parent Teachers Association of the School were consulted.

The school is now functioning smoothly in permanent buildings and the accommodation now available is sufficient for the class divisions now existing. There is also sufficient No. of pupils to study in the school. There will be no necessity of additional finance for improving the school in the near future. The academic interest of the locality was also examined. The school has Tamil Medium classes also. The strength of pupils in the school is above 600. There is no adequate facilities in the locality to admit all these students conveniently to continue the education of these pupils.

In the circumstances, the Director of Public Instruction, Kerala does not find the reason put forth by the Manager for closing down this school as satisfactory. Considering this and also considering the educational interest of the locality, the request made by the Manager, B.U.P. School, Thathamangalam is rejected. The Manager will continue to run the school. The school will continue to function as usual. The Departmental Officers and Headmaster will also ensure this."

This writ petition, as originally filed, was for quashing Exts. P5 and P6.

2. Subsequently, however, Government issued Ext. P7 notice to the petitioner asking him to show cause why the management of the school should not be taken over under S.14 of the Act. The notice read:

"Whereas, the Government have received reports that you have neglected to perform the duties imposed by the Kerala Education Act, 1958, and the rules issued thereunder, namely, by not conducting the school properly and whereas, the Government consider that in public interest it is necessary to take over the management of the Bazar Upper Primary School, Thathamangalam in Chittur Sub District in Palghat District for a period of five years.

Now, therefore, you are hereby required to show cause within ten days in writing to the undersigned why action should not be taken for taking over management of the school for the above period."

The petitioner furnished Ext. P8 reply, and it is common ground that no further orders were passed in the matter. The writ petition was subsequently amended to include a challenge to Ext. P7 also.

3. From the counter-affidavit filed on behalf of the first respondent -State, and a file made available by the larded Govt. Pleader, what seems to have transpired after Ext. P1 notice was this. The Asst. Educational Officer, Chittur enquired into the matter and reported to his superiors that the reasons put forward by the manager for the proposed closure were genuine. But on 25-1-85 the Director wrote to the Government that the closing down of the school would create problems. T