1. These petitions, under Art.226 of the Constitution by the managements of certain private schools, recognised and aided by the State Government, are directed against an order of Government Order Ed. (C. Spl.) 1 -20599/57/EHD dated 12th October 1957, by which, in effect, grants ear-marked for the salaries of the teachers employed in such schools which were theretofore being drawn and disbursed by the

manager of the school concerned are to be drawn and disbursed by the headmaster. This order was to take effect from the 1st October 1957; in other words the new system would come into operation on the 1st November when the salaries for October became payable. But the order notwithstanding, the managers of the schools with which we are now concerned prepared and submitted the bills for the salaries of the teachers of their schools for the month of October 1957 (as also for the arrears for some previous months) to the respective Assistant Educational Officers, (who are the controlling officers) for being passed for payment at the treasury. These officers returned the bills without passing them and drew the attention of the managers concerned to the Government order in question. Virtually they refused payment to the manager on the strength of the Government order and required that the bill be presented by the headmaster to whom alone payment would be made. The petitioners consider that this is an infringement of their rights and they have come to court seeking appropriate writs or orders quashing the Government order in question and directing the Government and the controlling officers to sanction the bills for payment.

2. The Petitioner in O. P. 432 of 1957 is the manager of two schools, the St. Paul's Lower Primary School, and the St. Aloysius Lower Primary School, both of North Parur. These schools are governed by the provisions of the Travancore Primary Education Act (Act VIII of 1121) and the rules made thereunder and of the Travancore Education Code of 1909. The respondents are the State of Kerala and the Assistant Educational Officer, North Parur, the controlling officer who declined to pas the bills submitted by the petitioner.

3. The Petitioner in O. P. 435 of 1957 is the manager of the Kochukottaram Lower Primary school, Poovarani in Meenachil Taluk, a school governed by the provisions of the Travancore Education Code of 1909. The respondents are the State of Kerala and the Assistant Educational Officer, Palai, who is the controlling officer.

4. The petitioner in 0. P. 437 of 1957 is the Proprietor and the President of the Managing Board of the Santa Cruz High School, Fort Cochin, formerly in the Malabar District of the Madras State. The elementary section of this school is governed by the Madras Elementary Education Act (Act VIII of 1920) and certain rules entitled "Rules relating to Elementary Schools," while the secondary section is governed by the Madras Grant-in-aid Code and certain rules called the Madras Educational Rules. The Respondents are the State of Kerala and the Assistant Educational Officer, Mattancherry who is the controlling officer.

5. The impugned order is reproduced below. It is to be noted that no statutory authority is claimed for the order. It is the case of the Government that the order is an executive order passed by the Government in exercise of its administrative powers and that it is not referable to any statute or other law:

"Government of Kerala

Education and Health Department

(Education-C Special) Proceedings.

Dated, Trivandrum, 12th October, 1957. Payment of salary of teachers of aided Schools through headmasters.

Read: - Letter No. C 22249/57 dated 25-9-1957 from the Director of Public Instruction. Order Ed. (C. Spl.) 1-20599/57/EHD.

In supersession of previous rules government are pleased to direct that with effect from 1st October, 1957 the salary, of all teachers (including Headmasters) in private Lower Primary schools in the State admitted to aid and in private Upper Primary, Seconda