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1972 Supreme(Ker) 148

V.BALAKRISHNA ERADI
MANAGER, RAJERSHI MEMORIAL BASIC TRAINING SCHOOL – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner is the Manager of a basic training school by name Rajershi Memorial Basic Training School, Vadavukode. She has come up to this court with this writ petition seeking the issuance of a writ of mandamus prohibiting the respondents namely, the State of Kerala and the Director of Public Instruction, Kerala from enforcing against the petitioner's school the provisions of R.6 to 8 of Chapter XXV of the Kerala Education Rules, 1959 relating to the selection of candidates for admission to the training course. It is alleged by the petitioner that the petitioner's school is a minority school and is, therefore, entitled to the protection of Art.30(1) of the Constitution of India. On the said basis the petitioner relies on the decision of this court reported in State of Kerala & others v. Manager, Corporate Management of Schools of the Diocese of Palai & Others (1970 KLT. 106), wherein it has been held by a Division Bench of this Court that the provisions of R.6 to 8 of Chapter XXV of the Kerala Education Rules in so far as they restrict the right of the management to select candidates for training cannot be enforced against schools established and administered by





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