The central legal point established in the judgment is that the choice of a teacher for employment in a minority school should be guided not only by the qualifications prescribed for the generality of schools but also by suitability for employment in the minority schools concerned, consistent with Art.30 of the Constitution.

1. This appeal is from Gopalan Nambiyar J. who declared a G. O. concerning appointment of teachers in aided schools not to apply to 'minority schools.

2. The G. O. is given at P. 412 of "The Kerala Education Act, 1958", published by K. K. Narendran in July 1969, and reads thus:

"G. O. (MS) No. 343/65/ Edn. Dated, Trivandrum, 24th June, 1965.

As per the provision in Chapter XXI KER. whenever a vacancy occur in an aided school the Managers shall follow the directions issued by Government from time to time for ascertaining the availability of qualified hands for appointment as teachers. As per the existing orders the Managers have to advertise vacancies of teachers in the prescribed form and in the approved dailies in two consecutive issues.

2. Government are in receipt of a large number of complaints from qualified persons that some of the managements are not adhering strictly to the orders issued under the Kerala Education Rules in the matter and are appointing unqualified hands when qualified hands are available. Government therefore issue the following orders:

(i) Managements should appoint only fully qualified hands as teachers in aided schools. If fully qualified hands are not readily available they should advertise the vacancies as per orders already existing.

(ii) If fully qualified hands are not available even after advertisement of the vacancies, the management should approach the Employment Exchange of the area concerned for trained teachers.

(iii) If Employment Exchange is unable to provide a trained teacher, appointment of untrained candidates satisfying the qualifications regarding age and marks may be made Unqualified hands become available. Such appointments will be approved by the controlling officers only on production of a letter from the Employment Officer to the effect that qualified hands are not available with the Employment Exchange of the area at the time when the appointment was made.

(iv) However, appointments, if any made already of untrained teachers during the current school year after following the procedure hitherto in force will be approved by the District Educational Officers till qualified hands are available.

3. Appointments of candidates as per Para.2 (iii) above are purely temporary and such candidates will have no preferential claims for future appointment in the same school."

3. S.10 and 11 of the Kerala Education Act, 1958, enact: "10. Qualifications for appointment as teachers:

The Government shall prescribe the qualifications to be possessed by persons for appointment as teachers in Government and private schools.

11. Appointment of teachers in aided schools:

Subject to the rules and conditions laid down by the Government, teachers of aided schools shall be appointed by the managers of such schools from among persons who possess the qualifications prescribed under S.10 ' '

Obviously, these sections apply to all private schools alike, and make no discrimination of 'minority schools' entitled to special treatment under Art.30(1) of the Constitution. Injustice arises equally when equals are treated unequally and when unequals are treated equally. Schools maintained by religious minorities have a special purpose to fulfil, wherefore are constituted a special category with particular favour and flavour by the Constitution, which should not be disturbed by any imposition by the State.

4. The contention of the learned Government Pleader that the instant schools maintained by the Archdiocese of Changanacherry cannot be characterised as educational institutions of the Christian community within the meaning or Art.30 of the Constitution appears to carry little force. The right conceded by that Article by its very nature belongs to and can be exercised by every member of the minority community or an association or body of such members.

5. The procedure prescribed by the G. O. allows the managements of private schools to appoint teachers of their choice from fully qualified persons. But, if such person