These Writ Petitions are filed by the Managers, Parent Teachers Associations, teaching and nonteaching staff and some of the students of unrecognized schools functioning in the State, challenging the Government Order, G.O.(Rt)No.2164/2008/General Education dated 15.2008 issued under Rule 3 of Chapter I of the Kerala Education Rules (hereinafter referred to as KER) relaxing certain conditions in Rule 8 of Chapter VI of the said Rules.

2. To comprehend the nature and scope of the contentions raised by the Writ Petitioners, it is apposite to extract Rules 7 and 8 of Chapter VI of the Kerala Education Rules, which read as under:

"Chapter VI Rule 7.

Admission of Private Study pupils:-

(1) A pupil who has not attended any school may be admitted as a private study pupil in accordance with rule 8.

(2) A pupil who has attended a school and left off and has been away from such school for at least one year may also be admitted as a private study pupil. But he will be permitted to sit for an examination as contemplated in Rule 8, only of a class one lower than the one which he would have been eligible to take had he continued on the rolls without interruption.

(3) No private study pupil shall be admitted to any Standard higher than Standard V.

Chapter VI Rule 8.

(1) Private study pupils seeking admission to a particular Standard in any school shall be required to sit for the annual examination in that school for the Standard immediately below during the previous year along with other pupils; and those who pass in the examination according to the basis of promotion adopted in the school may be admitted as private study pupils to the concerned standard on the reopening day. Private study pupils intending to sit for the annual examination for a particular Standard may be allowed, without payment of any tuition fee but on payment of the special examination fee prescribed in sub-rule (3), to join that Standard one month prior to the annual examination; but such pupils shall not be deemed to be on the rolls of the school.

(2) Private study pupils seeking admission to standard V in a school which does not contain Standard IV, shall be allowed to sit for the annual examination for Standard IV in any school and may be admitted on production of a certificate from the Headmaster of the latter school.

(3) Every private study pupil who intends to sit for the annual examination of Standards IV shall remit into the Treasury a special examination fee of Rs.10 and produce the chalan receipt before he is allowed to join the Standard IV, as the case may be - vide sub-rule (1).

Provided that the pupils belonging to any Scheduled Tribes studying in the schools under the Department of Tribal Welfare shall be allowed to sit for the annual examination of Standards IV, without payment of any Special Examination fee.

(4) The Question papers, answer papers, and other records relating to the examination of private study pupils shall be preserved in separate bundles till the next annual inspection.

(5) A candidate who has completed 17 years of age may be permitted to sit for the annual examination of Standard VII in any High School along with the other pupils on remitting a fee of Rs.10 into Government Treasury. Along with the Treasury Receipt he should submit a declaration

duly attested by the Headmaster of that school to the effect that the candidate is aware that he will not be admitted to the higher class in any school even if he comes out successful in the examination. A successful private candidate may be issued a certificate in the form given below by the Headmaster of the School, after the promotion is got approved by the Controlling Officers.

Certificate

This is to certify that (name of candidate in block letters, full address and fathers name) born on ...................has been examined in the annual examination Standard VII in March ....... in this school and that he/she came out successful in the above examination. Under the provisions of rule